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Does a spouse or civil partner have rights in a house that the other partner owns?

2 MAR 2018

The law currently gives you more rights when you are married or enter into a civil partnership than as cohabitees. One important legal consequence of being married is that you have matrimonial home rights which means that you have the right to live in a property that is owned in your spouse’s name and that right can be registered at the Land Registry to notify any potential purchaser and protect your claim against the property on divorce.

This right means that you cannot be evicted or excluded from the property without the courts permission. This applies to a property that you have lived in or intended to live in together.

If you get engaged and intend to live in a property that one of you bought before you met we recommend that you seek legal advice if you want to do your best to make sure that the person who bought the house will keep it in the event of a divorce. You should consider making a Pre or Post Nuptial Agreement. Many people believe that if a property is one

person’s name the other person has no claim but as a matrimonial home the starting point is that you are each entitled to half of any proceeds of sale whatever it says on the deeds.

To find out more contact Barbara Richardson by telephone on 01524 401010 or email [email protected]


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