Rights to Your House After Divorce




If you and your partner are separating it is advisable to see a specialist solicitor to help negotiate what is your share of your home and resolve any mortgage.

If you are married or ‘jointly own’ your home with someone else then you do not have to leave your home unless your partner or lender gets a court order.

Married or cohabiting take advice:-

The rights of Unmarried Couples are not as protected as they are for married couples. You may want to agree from the outset how money and property should be divided if you should separate by a formal "Separation Deed" or "Cohabitation Contract"

Occupation Orders in England

An occupation order could:

If you are an owner, tenant or someone with beneficial interest and you get an order preventing your partner from entering the home, this order will override the home rights that partner may have. If the person that is prevented from entering the home is an owner, tenant or someone with beneficial interest, their home rights will be suspended until the order states otherwise.’ Advice from Shelter