Am I Entitled to Anything if My Ex Owns Our House?

In our experience, most couples that are going through a divorce own a family home and that property is usually in their joint names. However, where the property is owned in one party’s name, this does not prevent the other party from seeking an interest, particularly where it has been the family home, and that interest will have to be considered along with various factors set out at Section 25 of the Matrimonial Causes Act 1973.

To protect the party who is seeking an interest in the property, it is usually advisable to register a Matrimonial Home Rights Notice against the property to protect their right of occupation pending a financial settlement being reached. Such a notice ends upon divorce and so we can also advise on what is appropriate in this respect.

Just because the property is owned in one party’s name does not mean that all the contents of the property are owned by that person and rather, the contents of the property will need to be divided fairly by agreement or if an agreement cannot be reached either directly or through family solicitors, then the court would need to make a decision in this respect. However, courts do not welcome having to make decisions in relation to contents and parties are encouraged to reach an agreement in this respect.

In terms of issues such as payment of the mortgage and payment of the bills, these are matters that have to be considered depending on the parties’ particular financial circumstances and we can advise what is appropriate. We can also advise whether it is best for the parties to continue living in the same property or whether if there are issues between the parties, whether it is advisable for one party to move out of the property pending a financial settlement.

There are many factors to take into consideration in relation to financial matters both in the interim and with regards to a long term financial settlement. Wherever possible, we advise our clients to consider the various options available to help them try and reach an agreement and avoid court proceedings. Options include Mediation, Collaborative Law, and Resolution Together and we can advise which option we think is best for them.

Ready to take the next step? As leading family lawyers in Milton Keynes, our team of family law specialists can advise you about your divorce settlement. As well as our head office in Milton Keynes, we also have offices in Bicester, Watford, and London where we can arrange appointments to see you in person. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.