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Posted by Hannah Porter on 30th October 2019
I’m separating from my spouse and want to move out of our marital home; does this mean I will lose my rights to the home?

 

Not at all; moving out of the former matrimonial whilst divorce/financial proceedings are on-going does not affect your claim on the home.

If you are not named on the title deeds of the property it is important to register a home rights notice against the property with the land registry to protect your interest in the home. If you are named on the title deeds of the property you do not need to do this.

Either way, the former matrimonial home has a special status in Court proceedings and the starting point of the Court in relation to the marital home is that it should be divided equally between the parties.

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