UK Family Law
UK Family Law Questions Answered by Verified Experts
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Firstly, if you presently hold your interests in the house jointly (as joint tenants) then each person's share woulld pass to the other upon death regardless of any director made in the Will.
If this is not what you want then you should sever the joint tenancy by using Form SEV from the Land Registry (you will have to send it to them and if you have any questions about completing the form you should call their customer service number - they are very helpful):-http://www1.landregistry.gov.uk/publications/?pubtype=49
Your spouse need not sign the form provided you follow the instructions. You will then hold your shares as what is known as "tenant in common" and each person's share would pass according to the person's Will or under the intestacy rules upon death. If you do not have a Will then you should consider making one immediately.
If you both named on the title to the property then you both have a right to occupy the property that neither can deny the other. This remains the case unless there is a Court order to the contrary made pursuant either to civil or criminal proceedings She cannot make you move out at the present time and will be not be able to do so unless it is proved in Court that it is to the detriment of the child's welfare to have you live there