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My partner owns the property in which we live/or only their name is on the rent book. Will I have to leave if we separate ?
Not necessarily.
If your partner owns the property in which you live and you and your partner are married then your solicitor can protect your interest by registering a "Notice" on the title deeds to the property. This warns other people that you have an interest in the property.
If your partner tries to sell the property without you knowing then this notice will tell any buyer that you have an interest in the property. This will also stop your partner re-mortgaging the property without you knowing.
This will protect your interest until your solicitor is able to apply to the court for a judge to decide whether you should stay in the property or not.
The judge has the power to transfer the property to you even if it is not in your name.
The judge can also decide whether the property should be sold and whether you should receive money from the sale.
If the property is rented the judge can still decide to transfer the property to you, the council will have to put your name on the rent book.
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- We have only been married a short time when can I start a divorce?
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