Marital Property Rights

Your matrimonial home is likely to be the main asset in your divorce proceedings. You will will need to make a decision as to what will happen to your matrimonial home upon separation from your partner.

The main options available are to:

  • Sell the property and divide the sale proceeds between you and your spouse
  • Transfer the property to either you or your spouse/civil partner, usually with the other being released from the mortgage and having a lump sum of money paid to them

When dealing with your property a key consideriation is the housing needs of you and your spouse/partner and your children (see our child law page). Once you have considered these options and spoken with our family law team,  we will be able to supply you with appropriate legal advice.

Property Transfer

If your property is to be transferred to either party, it will usually be done so on the following basis:

  1. In return for a cash lump sum representing the leaving party's interest in the property.
  2. Transfer of the property to one spouse / civil partner with the departing spouse / civil partner not receiving anything in return.
  3. Transfer of the property to one spouse / civil partner with the departing spouse / civil partner keeping a percentage interest in the equity in the property to be received in the future upon sale of the property or dealing with the property.

Rights to Household Contents - Negotiation or the Courts?

The issue of who will retain the contents of your matrimonial home is likely to arise, as it often does in most cases. The cost of contents can sometimes run into thousands of pounds and you must therefore be aware in advance that litigating over your items could prove to be expensive.

As your family law solicitors, we will aim to avoid you having to deal with the issue of contents through the courts, preferring to attempt to negotiate an agreement between you and your spouse/partner. We will guide you the whole way, starting with you and your spouse/partner each preparing lists of the items you wish to retain. We will then enter into negotiation with your spouse/partner as to who will keep what. If these negotiations are unsuccessful the courts can be asked to intervene.

Are you facing divorce or separation and want advice on your property rights? contact the family law team online or call us on 0121 746 3360 to book an appointment.

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