The family home is often the most valuable asset a couple own. A separating spouse or partner may wish to leave the family home for a variety of reasons, but before taking the drastic step of doing so, the implications should be carefully considered with a specialist family lawyer.

“It is not my fault that the relationship has broken up”

Guilt may be a driving factor for you to leave your house, but if you leave the family home, you may later regret the decision to do so. If you both jointly own the property, you are both legal owners and have the right to occupy unless a there is a court order in place that orders otherwise. If one of you leaves the house, you will still have a right to return, the other person has no rights to keep you out (without a court order.)

It is not my house, should I leave?

Even though you legally do not own the house, provided you maybe in a civil partnership or marriage you maybe protected by ‘home rights’. These include a right to remain in the property. Unless a court determines otherwise.

Will I have to continue to pay the mortgage if I leave?

If you are joint owners with a joint mortgage then yes.

If I leave, then I will get penalised on a future financial settlement?

If you leave the family home, it doesn’t mean that you have surrendered your rights to the property. The courts can still be asked to consider whether there is an interest in the home and if so, how that should be dealt with. Whatever the scenario it is important that you get impartial advice from an experienced and qualified family law lawyer.

Call JMP Solicitors on 01476 565 295 for a confidential chat with our family law team