Housing Rights in Divorce

Lovell Chohan Solicitors specialist accredited family law solicitors can advise you on all aspects of housing rights within matrimonial proceedings.

At the end of your marriage, the court can give you or your partner short-term rights to the home, for example:

  • the right to stay in your home
  • the right for you to come back home to get your things
  • the right to stop your partner from coming into the home.

If your partner has been violent towards you, you might need help to make sure you are safe in your home, or have a safe place to stay.

The court can also make long-term arrangements about housing. If there's a disagreement about housing, the court will deal with the disagreement as part of the divorce, to include maybe the sale and division of the proceeds from the property and the division of other assets.

Rights to the home for owner-occupiers

If you and your partner are owner-occupiers, it is possible that only one of you is the actual owner of the property. If this is the case, the partner who is not the owner will need to protect their right to stay in the property and make sure the owner does not sell it without their knowledge. Even if you actually move out when the relationship ends, you may want to move back in again later.

To protect your rights to stay in the property, you have to fill in a form and send it to either the District Land Registry or the Land Charges Department in Plymouth. In Northern Ireland, it's either the Land Registry or the Registry of Deeds. This depends on where the property is registered. The result of this will be the registration of matrimonial homes right caution against the matrimonial home.