Whenever someone is fighting or going through a divorce, the most important and valued point of contention becomes the residential house. Apart from it being an expensive asset, there are tons of emotional values and investments that go into making a house, a home!
While legal experts suggest that the division of the residential house and other properties should be done as amicably as possible, things do not always go as planned. If the divorce proceedings are being fought in a bitter manner, the property becomes a bone of contention.
In this legal resource, we are going to look at some important information about property division in case of a divorce. If you or someone you know is going through a divorce in the UK and want to know how it works out, please read the article till the very end.
The Legal Rights Available to Individuals
Before you try to understand how property division works, you need to ask yourself some important questions and try to answer them. This should be your starting point-
- Are you a joint owner of the residential house you are looking to divide post a divorce?
- Do you share a mortgage/home loan with your spouse or partner on the house?
- Is the house solely in your partner’s name (including the titles) and you are just living?
You need to understand that if the ownership of the house is ‘jointly’ in the name of your partner and you, you have a legal right of entry and exit. You hold this right unless it has been deemed otherwise by the courts of the land. This usually happens (prohibition of entry and exit) in domestic abuse and violence cases.
In cases, where the property is tied to a home loan, it is up to the couple to decide how they want to make the mortgage payments. Here again, it is up to the judges to decide how the same is going to work out, in terms of the contributions, monthly payments, and other details.
Lastly, if you have no legal rights, claims or the property is only in the name of your partner, you need to register yourself with the Land Registry. What this does is create a legal claim for the disputed property. Your partner will not be able to sell the property without your knowledge.
Children and Divorce Proceedings: How does it change property rights?
Whenever a divorce proceeding is tried out in legal courts, it is the duty and responsibility of the judges to evaluate multiple factors and variables.
In this regard, one of the most important ones is the question of young children. In other words, children that have not yet turned adults (not attained 18 years of age) play an important role in the awarding of habitation rights and others.
According to legal experts, judges and courts are not in favor of moving children out of the homes they have lived in or are currently living in. In such cases, the judges might pass a decision that prohibits the selling of the property until the children reach the age of 18.
They will also consider the role of each parent and evaluate the financial status and earnings. If one parent is not able to afford the house, its running costs, and the upkeep of the children, then the court can very well mandate the other partner for financial support.
There are three major decisions or options that the courts and judges take
- If the children are adults, the courts can decide to sell the property and divide the money from the sale equally between the contending parties.
- The court can also transfer the legal and habitation rights from one party to another (and allow children to stay in the house) based on the legal proceedings and findings.
- Pass an order restricting the owner of the property (the partner whose name the property is listed in) from selling the same if the children are underage (below 18).
The Bottom Line
It is best to consult a trained legal expert to help you with divorce proceedings. In case you have to shift from your house, then you should look at credible house removals in london to help you with the same. If you have any other questions, that you would like us to discuss, please let us know in the comments below.