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Post divorce property represented by one half of a car

Relationship breakdowns inevitably cause all sorts of issues and scenarios to deal with, not least in relationship to property. What to do with the family home is likely to be one of the biggest financial decisions you’ll need to make, so in this post we’re exploring some of the key property ownership issues you need to deal with during divorce or separation and what your property rights are.

When your relationship breaks down, living together in your family home can become very difficult. For some couples, living in the same property but leading separate lives works for a while, for example, by splitting the space or having certain rooms, but for others its too difficult to even attempt.

Where there are children concerned, it’s beneficial for everyone involved if you can amicably sort things out, taking into consideration the living needs of your children.

What are your property ownership rights when you split up?

If you’re married, in a civil partnership or your name is on the title deeds of the property, then you have a right to stay in your home.

If both your names are on the deeds, then you jointly own the property together and will need to jointly decide what happens to the home.

If you’re tenants in common, then you may have agreed details of exactly how much of the property each of you own when you first purchased it. If you’re unsure of the details, seek advice from your solicitor.

If you aren’t named on the title deeds, all is not necessarily lost. You may still be able to prove you have rights to the home if you can show that you’ve significantly contributed in other ways. For example, if you’ve paid the bills or council tax. You’ll have to give clear evidence of this, so you’ll need to have a good record of bills and contributions you’ve made.

Do bear in mind that if you’re both named on the mortgage you are both responsible for keeping up with the payments, even if one of you decides to move out.

How can your home be divided if you jointly own it?

If you and your partner jointly own your property, then there are a variety of options available to you for dividing the home and finances when you separate.

For example, these are some of the key options:

  • You can decide that both of you will move out and sell the property. This is a good, equal option for both of you, as any money raised can be divided between you. You may both end up with some money to use towards renting elsewhere or putting towards a mortgage on a new home.
  • You could decide that one of you will buy the other person out and remain living in the home.
  • You could transfer part of the value of the property from one partner to the other. The partner giving up part of their ownership share would retain a stake or interest in the property so when it is eventually sold in the future, they will receive a percentage of its value. This option is often used if one partner and their children wants to remain living in the home and the other partner doesn’t desperately need their financial stake immediately.

If you’re unsure of the right option to choose to meet your individual circumstances, or things are difficult to discuss with your partner or spouse, then seek professional advice from a solicitor.

How to sell your home quickly when a relationship breaks down

When you’re faced with major changes, it’s understandable to want to get things sorted out and dealt with as quickly as you can, so you can both move on.

If you’ve decided to sell your home, but want to do so quickly, then one option available to you is to sell it to a company such as Molae Properties. As a specialist property company that buy properties for cash in London and the M25 area, they’re especially useful to talk to if you need to for get a quick sale.

It saves the hassle of waiting around for the right buyer, it ensures that you don’t get stuck in a lengthy and risky property chain and gives you the peace of mind that you can move forward with your new life.

Latest testimonial

The sale of my property was well managed with regular communication and advice and support provided throughout the process.  The company also provided legal support through one of their panel solicitors which was professional friendly and reassuring during what was a complex sale.  They are trustworthy and reliable and I would recommend this company to anyone looking to sell their property.  Thank you for making this a much easier process.
R. Mangal, Leyton, London, E10

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