I don’t own the home I share with my married partner, can they make me leave?

May 31, 2022

For many married couples, the family home is the most significant asset, and where they live together.

But what if your marriage breaks down and you aren’t the legal owner of the property where you currently live with your spouse, or where you used to live together?

If you are still living at a property owned by your spouse and they ask you to leave, don’t do so until you have taken legal advice. It is likely that you won’t have to leave immediately and possibly not at all.

If you are no longer living there, you can still protect your potential interest and right to occupy the property. Again, take legal advice.

Whether or not you are still living at the property, we are likely to advise you to file a Matrimonial Home Rights Notice at the Land registry, the purpose of which is to prevent your spouse from dealing with the property unilaterally, without your knowledge or consent. The Notice will alert any potential lender or buyer of the property of your occupation or potential financial interest in it and any proposed transaction will not be able to complete until you have removed your Notice.

If you need advice as to your Home Rights, please call us on 01276 686 222 or email us at 1allfamilydept365@herrington-carmichael.com.

Partner, Family Law
t: 01276 854 924
e: sarah.speed@herrington-carmichael.com

Podcasts

The Legal Room UK Podcast features a diverse range of specialists offering expertise on a variety of topics.
Subscribe on whatever podcast platform you use.

Top Legal Insights

Material Breach of Contract

What is a ‘material’ breach of contract by a party to a commercial contract? This is a critical issue regularly considered by the courts. What constitutes a material breach and what are the remedies?

Commercial Lease: The Financial impact on Landlord and Tenant

Divorce in Lockdown: Can I get some discreet legal advice?

We have spoken to clients who are unfortunately experiencing some family issues, and would like to obtain expert legal advice, yet don’t know how…

Restrictive Covenants – The Price of Modification

Having identified that your land is burdened by a restrictive covenant and for the purposes of this article the covenant in question will be that only one residential building can be erected on the land. What do you do next?

Why is having a will so important?

It is entirely up to you if and when you want to create a Will, but it is important to be aware of the consequences of not having a Will.

Award winning legal advice

We are solicitors in Camberley, Wokingham and London. In 2019, Herrington Carmichael won ‘Property Law Firm of the Year’ at the Thames Valley Business Magazines Property Awards, ‘Best Medium Sized Business’ at the Surrey Heath Business Awards and we were named IR Global’s ‘Member of the Year’. We are ranked as a Leading Firm 2022 by Legal 500 and Alistair McArthur is ranked in Chambers 2021.

Camberley
Building 2 Watchmoor Park, Riverside Way, Camberley, Surrey GU15 3YL
+44 (0)1276 686 222

Ascot (Appointment only)
102, Berkshire House, 39-51 High Street, Ascot, Berkshire SL5 7HY
+44 (0)1344 623388

London (Appointment only)
60 St Martins Lane, Covent Garden, London WC2N 4JS
+44 (0)203 326 0317

Wokingham (Appointment only)
4 The Courtyard, Denmark Street, Wokingham, Berkshire RG40 2AZ
+44 (0)118 977 4045

Email: info@herrington-carmichael.com

Sarah Speed

Partner, Family

<script>
document.addEventListener('DOMContentLoaded', function () {
  const deptEl = document.getElementById('acf-author-department');
  const department = deptEl?.dataset?.department;

  if (typeof gtag === 'function' && department) {
    gtag('set', { author_department: department });
  }
});


  window.dataLayer = window.dataLayer || [];
  const dept = document.getElementById("author-department")?.textContent?.trim();
  if (dept) {
    window.dataLayer.push({
      event: "authorDataReady",
      author_department: dept
    });
  }

</script>

View profile Contact Us

This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.

Latest Legal Insights

Paul Wild and Holly Cullen consider a recent case with Christina Haynes and millionaire ex-partner, Mark Austin, which has captured…
In the recent Tribunal case of Nicholas James v The Venture (Wrexham) Ltd the Claimant brought claims against his employer…
Yavan Brar (Partner) and Sophie Protheroe (Solicitor) advised the shareholders of KGB Cleaning South West Limited on the sale of…
Futura, based in London is an independently owned group that is focussed on creating and delivering a better future for…
Darren Smith and Hannah King from Herrington Carmichael’s Employment Team have successfully acted for the Respondent in the recent Employment…
The Supreme Court has, this morning, delivered its judgment in Standish v Standish, a case that has attracted significant attention…

Best Law Firms 2024

Herrington Carmichael has once again been named in the Times Best Law Firms. We were first listed in 2023 and have once again made the Best Law Firms list for 2024.

www.thetimes.co.uk/article/herrington-carmichael

BUSINESS

PERSONAL

PEOPLE