Do I Have to Move out During Divorce?

For most people, sorting out their living situation during a divorce is a crucial consideration. If you own or rent a property with your spouse, you may find this exercise fairly straightforward. It can prove especially daunting, however, for those who are dependent on their spouses, both in terms of finances and housing, and who may feel like they are facing hopeless obstacles.

What are Home Rights?

It is important to know that, contrary to popular belief, not having your name on the deed or lease doesn’t automatically mean you must leave your home during the course of the divorce. If you are currently occupying your matrimonial or civil partnership home, you have so-called home rights. This means that you may not be evicted or excluded from your residence unless a court order specifically states this. If you are not currently residing at your former home, a court may permit you to enter and occupy it. You can also officially register your home rights with HM Land Registry, which could prevent your spouse from selling the home without your consent.

Your spouse cannot simply make you move out of your home during your divorce. It is often the case that you are in fact entitled to live at your marital residence until the termination of your marriage. In some instances, this period may even be extended by the court via a continuation order.

Contact Lindsay Jones Specialist Divorce and Family Lawyer, Altrincham

As each case is different, it is always important to get tailored legal advice. I have years of experience in helping clients from a range of backgrounds achieve a successful divorce, making the process as pain free as possible. Please feel free to contact me on 07917 711 887 to discuss your specific situation and explore your options. I will be happy to assist you through a wide range of family law services.

 

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