The matrimonial home is very often the main asset of a marriage and is likely to be a topic of consideration during the divorce process.
It is not uncommon for one party to leave the family home during divorce negotiations, especially where close contact causes unnecessary tension and conflict. However, it is crucial that you obtain full legal advice before taking any action to ensure that you do not compromise any aspect of your divorce.
If you’re considering or going through a divorce and wondering what happens if you leave the family home during negotiations, click below for a free initial consultation with one of our expert divorce solicitors.
Where the family home is jointly owned, moving out will not cause you to lose any of your rights. Where the family home is owned solely by your spouse, it remains a matrimonial asset, thereby giving you matrimonial home rights, which includes a right to reside. It is advisable that you register these rights with the Land Registry to prevent your spouse from disposing of or devaluing the home (for example, taking out a mortgage) before achieving financial resolution.
Generally, one party cannot force their spouse to move out of the family home. If a party wishes to do this then it would be necessary to get an occupation order secured from the courts. These state who can and cannot occupy the home, but are deemed draconian and therefore are infrequently implemented except in situations where a risk of harm exists.
The locks should also not be changed without the other spouse’s knowledge and consent. An excluded spouse remains within their rights to regain entry by changing the locks themselves, and very often this only conjures unnecessary conflict detrimental to the divorce proceedings.
If your spouse is abusive, you can apply for an occupation order as above, as well as a non-molestation order, which aims to prevent your spouse from harassing, intimidating, or harming you. If in threat of immediate danger, then you should immediately the police.
The welfare of any children is of paramount consideration to the courts. It is useful to consider whether your child will benefit from a retained sense of normality, with both parents remaining temporarily in the family home. Another consideration to make here is that any party who leaves the family home may become obliged to continue financial maintenance of any children under the Child Maintenance Services guidance.
While your departure from the family home should not directly affect your rights, you should be mindful of its potential impact on financial negotiations.
It is advisable to take specialist tax advice as to any capital gains tax consequences.
Vardags Limited is a limited company trading as Vardags, Company No 7199468, registered in England and Wales, having its registered office at 10 Old Bailey, London EC4M 7NG. Vardags is authorised and regulated by the Solicitors Regulation Authority (SRA Number 535955). Its VAT number is 99 001 7230.
Vardags uses the term ‘Partner’ as a professional title only, to describe a Senior Solicitor, Employee or Consultant with relevant experience, expertise and qualifications (whether legally qualified or otherwise) to merit the title. Our Partners are not partners in the legal sense. They are not liable for the debts, liabilities or obligations of Vardags Limited. Similarly, the term ’Director’ is a professional title only, to describe an employee or consultant of Vardags with relevant experience, expertise and qualifications to merit the title. It does not necessarily imply that the relevant individual is a director of Vardags Limited.
A list of the directors of Vardags Limited and a list of the names of those using the title of ’Director’ and ’Partner’ together with their official status is available for inspection at Vardags’ registered office.