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Posted by Hannah Porter on 5th June 2019
I have just separated from my spouse and left our family home, how do I protect my interest and do I have a claim on the home? Our home has always been in my spouse’s sole name.

 

To protect your interest you need to register a Home Rights Notice with the land registry. This can be done very easily and your spouse does not have to agree to this notice being registered. There is no fee with the land registry for registering this notice and once registered, you will received warning if your spouse tries to sell the home.

The last home you lived in with your spouse is referred to in financial proceedings as the former matrimonial home (FMH). Irrespective of whether you made contributions to the FMH and whether or not it was in your spouse’s sole name, you have a claim against the FMH. The FMH is always considered to be a marital asset. When looking at marital assets, the starting point of the Court is an equal division of assets. The court will look to meet both your needs and your spouse’s needs and will make appropriate distributions of the marital assets to do so.

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