What are my rights if my name is not on the mortgage?
A Matrimonial Homes Rights Notice is a legal document clearly stating your legal right to live in the home, regardless of whether you own the property or not.
Birkett and Co. Solicitors can register your Matrimonial Home Rights against the property owner. This prevents your spouse from selling or disposing of your home without your knowledge. Once your Matrimonial Home Rights are registered with the support from our team, a Matrimonial Homes Rights Notice is issued.
Once the notice has been approved, this is visible to any potential buyers if the property has been placed on the property market preventing sale or disposal of the house without your approval.
Am I entitled to half of the family home if we’re married?
Initially, the starting point for division of matrimonial assets is on a 50/50 basis however specific reasons are considered when it comes to reaching a fair settlement which you will find below.
- any children from the marriage
- age of the parties to the marriage
- income and earning capacity
- health and/or disability
- contributions from each party
- any other relevant circumstances
- standard of living during the marriage
Your family marital home or any other properties owned will be considered however, it is vital for you to consider the importance and potential value of pensions, savings, investments or interests in businesses which can all be available for sharing.
Am I entitled to half of the family home if we’re not married?
If you entered a Cohabitation or Separation Agreement during your relationship then the terms of the agreement will be adhered to when it comes down to the division of shared assets or property.
If there is no agreement, the presumption in respect of property is that ownership reflects the intentions made regarding your contributions towards your relationship.
If I leave the family home, will I lose my share?
If the property is held in joint names then you do not and cannot lose your share if you leave.
Importantly, if you leave without resolving any financial issues in relation to your separation, this may cause implications for you so it is important to seek advice from a legal professional before you leave, if not as soon as possible after separation to ensure the best outcome for your current situation.
What happens when joint tenants separate?
If you own the property as joint tenants, this refers to the way in which your property is owned, it means that the legal and beneficial interests are shared equally between you and your partner. If you were to pass away, your share would automatically pass over to the surviving owner of the property under the ‘rule of survivorship‘.
Understandably, this may not seem ideal especially for separated couples who want the choice in regards to what happens to their share of the property rather than passing over their share in full to their ex-partner. In this case, you have the choice to sever your joint tenancy which means that you will each retain 50% legal and beneficial interest in the property but you can now leave your share by will.
Can I get my partner to move out if we have a joint tenancy?
You both have the right to remain in the property, so it will be challenging to make your partner leave if the feeling is not mutual.
If you find yourself in this situation and you wish to separate, with the help of a legal professional we can guide you and discuss a solution through negotiation as to who will stay and who will leave the property until your financial issues are resolved.
In some circumstances it may be possible to ask the Court to make an order under the Family Law Act 1996 requiring your ex-partner to leave.
Who pays the bills whilst we work things out?
Is your property an and mortgage in joint names? If you answered yes, then you are both jointly and severally liable for the mortgage repayments regardless of whether you are separated and living apart. In terms of household bills, you are again both responsible regarding that the bills in joint names. Failing to make mortgage repayments will have a detrimental impact on the credit rating for both of you.
Alternatively, if you wish to move out following your separation, you may be able to reach an agreement in relation to who pays the bills and the mortgage. Even if this agreement is reached this does not change the terms of the mortgage as both of you remain jointly and severally liable for the repayments.
My ex-partner is refusing to pay for the mortgage?
If you are married and your ex-partner is refusing to pay their share of the mortgage or bills and you have been left with full responsibility to make payments and you cannot afford to make repayments, you can apply to the Courts for Interim Maintenance to meet your needs.
Separating from my spouse with no money?
If you have no income or a limited amount, you can check to see whether you are entitled to receive any financial government support via the government website. As court proceedings can be lengthy, you may also be entitled to claim Interim Maintenance, otherwise known as Maintenance Pending Suit, to ensure your needs are met whilst financial issues are resolved.
Whether you are entitled to any other support as a direct result of a separation depends on a number of circumstances. As part of a Financial Remedy in divorce proceedings, the Court can order one party to pay Spousal Maintenance to the other. This can be for a fixed period whilst you are able to begin supporting yourself financially following your separation, or on a joint-lives basis which means the maintenance payments continue indefinitely.
Court proceedings should be a last resort so you should get in touch with a family law specialist to explore whether an agreement can be reached between you which is fair and enables you to move on into the future with security and certainty.
If you are not married, there is no entitlement to claim maintenance.
We will do our best to support you in relation to disputes over property, financial issues, children and anything else that may arise upon the breakdown of your cohabitating relationship. If you are still unsure and require further advice, visit our home page where you will find our contact form.