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 ?
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.
Questions & Answers
- We have only been married a short time when can I start a divorce?
- How do I show the marriage has broken down?
- What if we can't carry on living together, but we don't want a divorce?
- What do I need to prove to get a legal separation?
- Can we just decide to separate without involving the courts?
- Do I need a solicitor to start a divorce or judicial separation?
- What is a Decree Nisi?
- My partner has started the divorce proceedings. Is there anything I need to do?
- 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?
- My partner has changed the locks to our home and won't let me back in. What can I do?
- I left the house and my children. Does this mean I do not have any rights?
- How can I get my partner to help me pay the bills?
- Who pays maintenance for the children?
- How does the court decide how much money I should get or what I should pay my partner?
- Do I have to tell anyone that my partner and I have separated/divorced?
- We are not married. Do I have any rights?