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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.

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. 

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Sarah Speed

Sarah Speed

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