My spouse has threatened to throw me out - what can I do?

Starting divorce proceedings can be frightening as well as full of uncertainty; however, as leading family lawyers, Vardags can guide you through the first steps.

Being excluded from the family home is a common worry that many have. However, under the law, a spouse’s rights include remaining living at the family home even if it is owned in their partner’s sole name.

This is because of a principle called ‘Home Rights’, which also, when properly registered, prevents your spouse from selling the property from under you or from kicking you out. A Home Rights Notice, previously known as a Matrimonial Homes Notice, is a protection measure in England and Wales for individuals who do not own property but have the right to occupy it. It is typically used when one spouse continues to live in the other spouse’s property during divorce proceedings. Although it does not affect the legal ownership of the property, it provides significant protections for the non-owner. 

It may also be necessary to obtain an occupation order. An occupation order is a court order that determines who can live in the family home. During a divorce, disputes often arise over access to the matrimonial home. Occupation orders serve as temporary measures to address these issues until the court makes a final decision.

As experienced family lawyers, Vardags have experience in helping people protect their home rights, helping you remain in the family home.

If you’re considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors.

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