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Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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if a couple are to separate and one partner leaves the marital

Resolved Question:

if a couple are to separate and one partner leaves the marital home is that person for fitting their right to half of the estate, there are no children in the marriage
Submitted: 6 years ago.
Category: UK Family Law
Expert:  Thomas replied 6 years ago.



Are the couple married? If so, how long have they been married.


Who is named as the registered proprietor of the property at the Land Registry (ie. who owns it)?



Customer: replied 6 years ago.
19 years
3 chapel terr ll520ab
in joint name
Expert:  Thomas replied 6 years ago.


Thanks for your reply.


If the couple are both jointly named on the registered title then they do not "forfeit" their right to the property if they move out. As they are jointly named the each person has a right to occupation of the property that neither can deny the other unless there is a court order to the contrary (based either on civil or criminal proceedings).


Each person is jointly and severally liable for the mortgage so it is important that the couple arranges to see that the mortgage is repaid.


The person moving out would still be entitled to a share of the equity of the property and in the absence of any express agreement to the contrary it is presumed that each party is entitled to 50% share. This presumption can be rebutted over time if one party takes up the sole responsibility for paying the mortgage.


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