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Family Law Services FinancesProtecting your property interest

Protecting your property interest

Find a peaceful living arrangement that works for you. If you want to stay in the matrimonial home after divorce, we’ll do our best to achieve that for you.

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Protecting your rights in the matrimonial home

When you’re going through a divorce or civil dissolution, one of the most emotive issues is what happens to the matrimonial home.

Typically these are the options. You can:

Sell the property and share the proceeds with your spouse
Agree that one partner buys out the other
Transfer part of the value of the property from one partner to the other.
Postpone the sale of the home until a specified date (i.e. when your child turns 18)

We’ll listen to you and we’ll advocate for the outcome you want to achieve.

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Staying in your family home after divorce

Often our clients want to stay in the home after divorce. This is usually possible, and the title deeds can be transferred into your sole name, if your partner agrees.

You’ll need to be sure that you have sufficient earning capacity to cover the mortgage. You may also need to show that you can get a mortgage to buy out the other person’s equity.

If your partner doesn't agree to let you live in the home, you might need to evidence your financial situation to a judge.

If it’s up to the Court to decide who gets to stay in the home, then the judge will look at what is affordable and what is in the best interests of your children.

In an ideal world, the decision wouldn’t be left to the Court.

We can advocate for you in discussions with your partner, or during a mediation, to uphold your rights and negotiate in your best interests.

What happens if the matrimonial home is in your spouse’s name?

Even if the matrimonial home is registered solely in the name of your partner, you still have an automatic right to continue living in the home, when you’re going through a divorce.

The problem is that your spouse could sell or remortgage the house, and you would have to leave. To protect you from that situation, we would apply for a Matrimonial Homes Rights Notice for you.

Once the notice is registered, your spouse cannot sell or mortgage the property without you knowing about it.

It isn’t a long-term solution though. Once the divorced is finalised, you no longer have these ‘Home Rights’ and your partner will be able to do what they like with the property.

Protection for unmarried couples

If you’re living with your partner and you’re not married, you can protect your interest in the property with a Declaration of Trust or a Cohabitation Agreement.

See our dedicated pages on those topics for more information.

Declaration of Trust

Cohabitation Agreements

Supporting you through the process

We understand that this is a difficult time, and emotions are running high. Our solicitors will listen to you to find out exactly what you want, and advocate for you in negotiations. To find out if you'd like to work with us, a good first step is to come in for a no-obligation chat. We give you a 45 minute free consultation to answer your questions and meet us in person. There's no pressure to take it further if you don't want to.

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Frequently asked questions

The answer depends on how much you’ve paid towards the mortgage (as a percentage) and for how long. You’ll have some rights in the property, but you may not be able to stay in the home after the divorce, if it’s only your partner’s name on the title deeds.

The best thing to do is to come in for a no-obligation chat. When we understand more about your situation, we’ll be able to give you advice.

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This should give you an interest in the property, but will not necessarily mean you’ll be able to live in the property after the divorce. It will factor in to the financial settlement.

The best thing to do is to come in for a no-obligation chat. When we understand more about your situation, we’ll be able to give you advice.

Book a free consultation

You can decide to continue living in the property after the divorce, if your partner agrees. If they don’t agree, then it will be part of the negotiation of the settlement.

If you stay in the home without your partner, you will have full responsibility under the tenancy agreement and your partner will be removed from the tenancy agreement.

Awards & Recognitions

We’re recognised by the Legal 500 as a Leading Firm in a number of practice areas. That means that an external, objective body has scrutinised our competency and client reviews, and found us to be one of the top family law practices in the UK.

Our lawyers are members of Resolution, so we are committed to a Code of Practice which promotes a constructive approach to family issues that considers the needs of the whole family.