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Dividing Assets

Not so new now but still a major change in the way assets are divided after divorce. more

 

Domestic Violence

Domestic violence is more common than generally supposed and is a problem for both partners. more

 

Child Contact

When parents are separating it is vitally important that proper child contact arrangements are made. more

 

Who owns the house?

When relationships breakdown and couples decide to separate, often the most difficult issue is the occupation of and ownership in the home. more

Who owns the house?

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When relationships breakdown and couples decide to separate, often the most difficult issue is the occupation of and ownership in the home.

 

If you have bought a house together in joint names, one of you may want to stay and the other go. If you can "buy out" the other and take over any mortgage then the procedure is fairly straight forward.

 

What if you can't agree, or the maths just doesn't add up? What if the house is also the children's home and close to their school, family and friends?

 

The outcome can be very different depending on whether you are married or cohabiting. If married the Law applies the Matrimonial Causes Act 1973. This gives a Judge a wide discretion to try and achieve what is fair taking the parties individual needs and circumstances into consideration, giving priority to the needs of a child under the age of 18.

 

If you are unmarried, then the Courts powers are much more limited. But even if a house is just in one persons name, the other partner who has contributed upon the basis that they have an interest, can ask the Court to give legal recognition to their contributions.

 

These payments usually need to be more than a contribution towards every day expenses. An Application can be made under the Trusts for Land and Appointment of Trustees Act and the Court can Order a sale or payment to the Claimant.

 

Where a house has provided the children with a home, a different Application under the Children Act can be made.

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