What Are Your Rights in Legal Separation?
Some marriages end in heartbreak, while most end with dreadful court battles. But, it doesn’t have to be true in your case. You will need professional help to understand your rights in separation, especially if you have kids. Children custody solicitors often also provide counsel on your rights in separation and divorce cases.
Let’s explore your rights and options under UK family laws.
Rights to Property
One Party Is On The Deed
The important part about the property is that either party can have a legal right to it while separated without officially owning it. For instance, if one party is named on the deed, but the other pays the bills, they have a share in the property.
This is part of the Family Law Act 1996 where you have the right to:
- Remain in the marital home unless a court order forbids it
- Request the court to allow you to return to the marital home (if you’ve already vacated the premises)
- Be informed of any act of repossession of property by the mortgage lender
- Be included in any proceedings about mortgage possession by the lender
- Make mortgage payments if your spouse is unable or unwilling to do so.
These rights are upheld until the divorce is finalised.
Both Parties Are On The Deed
If both spouses are mentioned on the deed or tenancy agreement, then they both own the house. But it’s unlikely that both parties will stay together after the divorce. Regardless, both parties will retain ownership.
But there are a few options to resolve this:
- One party can buy the house
- The party residing in the house can buy the other out when children reach adulthood
- Both parties can sell the house and share the profits
Rights to Property When You Have Children
Separation or divorce is devasting to children and requires sensitivity to look out for their best interest. In this situation, the primary caregiver gets the house. This is made simpler with a separation agreement where both parties are living sperate.
However, if both parties raised the children together under the same roof, the question about ownership becomes confusing. Due to this ambiguity, both parties need to agree on terms while retaining ownership. Failing that, the court can decide while keeping the children’s best interest in mind.
This is where you’ll need counsel from an experienced lawyer to guide and represent you through the court proceedings – specialists in UK children’s law.
This is where Wembley Solicitors can help your case. We are family law solicitors who handle all types of legal matters. If you’re getting a legal separation or if you want to file for a divorce, we can turn the tide in your favour.
Get professional help now for your legal matters.
https://kmjsolicitors.com/rights-to-property-after-separation/
https://www.divorcenet.com/resources/divorce/separation/a-wifes-rights-during-legal-separation
https://www.legislation.gov.uk/ukpga/1996/27/part/IV/crossheading/occupation-orders
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About The Author
Muhammad Khalid Khokhar
Muhammad Khalid Khokhar is an experienced UK solicitor, admitted on 1 September 2009, with over 16 years' experience, specialising in UK immigration law, family law, divorce, and commercial leases. As Director at Wembley Solicitors Limited, Khalid has represented hundreds of clients across the UK, achieving consistently successful outcomes, and is trusted by clients, as reflected in his 4.9-star Google reviews.