Common Questions On Divorce: Will I Lose My Legal Rights Regarding The Family Home If I Move Out?

• Published date: 18 August 2022
• Subject Matter: Finance and Banking, Family and Matrimonial, Charges, Mortgages, Indemnities, Financial Services, Family Law, Divorce
• Law Firm: Harrison Drury Solicitors
• Author: Ms Rebecca Patience and Hannah Pinder

As family lawyers, we are frequently contacted by individuals going through separation and divorce who are concerned that if they leave the family home it may have an impact on their legal rights. Rebecca Patience and Hannah Pinder from our divorce and family law team explain an individual's rights under these circumstances.

For couples experiencing matrimonial breakdown, the decision for one partner to leave the family home can be a significant move, both practically and emotionally, as it may signal the start of separation and eventual divorce.

By moving out, will I lose my rights in connection with the family home?

The law is clear that the family home must be treated as a shareable marital asset whether it is held in joint names or the sole name of one of the parties. Claims may be made against the equity held in property by either spouse. It is not always relevant who contributed towards the house purchase price or whether one party paid more towards the mortgage than the other.

As a direct result of marriage, claims can be made in respect of the family home and this right remains even after you move out of the family home.

If I move out of the family home, can my spouse change the locks?

If the family home is owned in joint names, your spouse cannot exclude you from the property without a court order. While your spouse may take steps to change the locks if you move out, if you are a joint owner of the property, you have a right to return and gain access to the property.

This can be a sensitive issue and we strongly recommend that you seek legal advice before changing the locks or forcing entry to a property in a situation when the locks have been changed. If the property is owned in the sole name of your spouse, you may still have occupation rights.

We would recommend that urgent legal advice is sought if your spouse has changed to locks and has denied you access to the family home.

Will I still have to pay the mortgage if I move out of the family home?

By choosing to leave the family home, it can be difficult to meet the costs of securing alternative accommodation as well as contributing to the mortgage for the family home. From a legal perspective, if you and your spouse both...