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One aspect concerning separating couples on divorce is, unsurprisingly, where they are going to live.  As part of the final financial arrangements, the Court can order that a property be transferred to one party or the other, or it can order a sale of the property to allow the net proceeds of sale to be divided to re-house you both.

Even if the property is owned in your spouse’s name, and not your own, the property is a matrimonial asset and if it has been the matrimonial home you will have acquired “matrimonial home rights” and the right to remain in the property until financial matters are resolved.  This right needs to be registered at an early stage.

If the property is to ordered to be sold, the division of the equity needs to be agreed - providing a home for any children will take priority.

If the property is to be retained by one party, either a lump sum payment will need to be agreed, unless there is a reason for a transfer of ownership (or equity) without payment.  Urgent legal advice is required to ensure your rights are protected.

If you are separating and have concerns about your spouse trying to force you out of the home, you should take legal advice as soon as possible. Call us on 0121 355 0011, we can assist you with this matter.

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