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What Are My Rights to Property after Separation?

What Are My Rights to Property after Separation?

Separation — whether you opt for a separation agreement or a divorce — can be an emotional time. On top of this, couples need to decide how to split their assets, including money and the marital home. But what are your rights to property after a separation? Deciding who gets the marital home can be difficult to agree on, especially if there are children involved or your name isn’t on the mortgage or rent payments. The matter of rights to property is equally as complicated if a couple isn’t married — if you’ve been in a relationship and lived with your partner for several years, contributing to bills and making payments, do you have any rights to the home when you split? This blog post delves into everything you need to know about your rights to property after separation. Rights to Property after Separation: When You’re Married and Getting a Divorce The benefit of getting married is that, in the event of a divorce or separation, you are entitled to a share of the property. Marriage entitles both parties to certain assets and many couples acquire several joint assets over the lifetime of a relationship. This includes the marital home, but also extends to joint bank accounts and pension contributions. The crucial point regarding property is that both parties do not have to legally own it to have a legal right to the property after separation. If, for example, your spouse’s name is on the mortgage and you simply contribute to bills, you still possess rights in the eyes of the law. In this case, you can register your...
Who Gets the House in a Divorce?

Who Gets the House in a Divorce?

For happily married couples, a home is full of memories and good times, and is a place to raise a family. But when a marriage breaks down, the family home becomes an asset for the taking and can be a catalyst for hostility. So who gets the house in a divorce? Over the course of a marriage, a couple will accumulate a range of shared funds, assets and property. Although this may be beneficial at the time, if a relationship breaks down and results in divorce, dividing marital assets can prove to be extremely difficult. There’s a lot to consider when it comes to deciding who gets the house in a divorce. If one party had legal ownership prior to the relationship or if children are involved, this may heavily influence the court’s decision. In this post we’ll discuss the role of the marital home during a divorce and what the court will take into account to establish which party will receive the house (and any other property). What Happens to the House in a Divorce? Without a doubt, a divorce is one of the most stressful and emotionally-charged situations a person can experience. It’s only natural for someone in the midst of it to want the experience to be over as soon as possible. While you may be able to divide your finances equally and go your separate ways with a ‘clean break order’, establishing who gets the family home is often the factor that causes the most problems. Unfortunately, there’s not a simple answer or standard procedure when it comes to the ownership of the family home...