Divorce often revolves around significant decisions regarding asset division, particularly the matrimonial home. Questions can arise regarding each persons entitlement to an asset of such significance, which we endeavour to explore further below.
Do I forfeit my rights to the marital home if I leave?
Pursuant to the UK’s Matrimonial Causes Act 1973, one spouse vacating the matrimonial home does not negate their entitlement to a share of the value of the property (i.e. the equity) in the parties’ divorce settlement.
The house is only in my spouse’s name – can he/she lock me out?
Both spouses have either a legal or equitable claim to any real property, right up until their divorce settlement is finalised (ideally by way of a sealed court order). Even if one party’s name is not on the register of title, our family law still recognises the non-named party’s entitlement to a share of the asset, when it comes to negotiating the divorce settlement.
This is because that party still has an ‘equitable’ claim, as typically, the home is an asset of their marriage and there could be a myriad of reasons why both parties have not been named on the title.
What happens to our furniture?
The furniture and chattels in the matrimonial home are, in the court’s eyes, still viewed as matrimonial property and therefore subject to resolution through negotiations or a court order. If one party does decide to vacate, it is always best practice for them to only take the non-contentious, undisputed items, with the other party’s knowledge and consent – ideally in writing, to avoid any future issue arising.
Should I seek legal advice before leaving the matrimonial home?
Given the complex nature of family law, particularly financial matters involving assets of significance like real properties, parties should always speak to a family law solicitor about the best path forward in their matter, before taking any significant steps.
At Paul Robinson Solicitors, our team of dedicated family law specialists understand the intricacies of divorce proceedings, including the division of assets including the matrimonial home. With compassion, expertise and a commitment to protecting your interests, we strive to provide tailored legal solutions that meet your unique needs and goals.
If you want to know more or want to speak to a member of our team, please get in touch below.
