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Separation

If you are living with but not married to your partner, the law that applies to married couples will not apply to you. Many people are often concerned to find that there is no such thing as a “common law” husband or wife and that ownership of property and assets relies on the very strict principles of property law built up from years of cases decided on their individual facts. The Martin Tolhurst Solicitors Family Law team can help you navigate through issues surrounding your separation from your partner and advise you specifically about your rights surrounding the assets you have built together. 

If during your relationship you jointly purchase a property or acquire assets with your partner and you decide to separate, then who lives in the property, whether it should be sold and how the proceeds of sale are divided between you depends on a number of different factors. A substantial factor is what was agreed or intended at the time of the purchase. 

If the property is in only one person’s name then there are some circumstances which may allow the other person to claim an interest in that property or a right to stay. We can discuss with you urgent steps we could take to register a potential interest for you at the Land Registry or protect the equity in the property if it is being claimed after a relationship breakdown.

If you have children together, specific claims can be made to protect the housing needs of children during their minority whether the property is in one name or in joint names. 

This is often seen as a complex area of law and it is very important to get some specific advice on your particular situation. For further information call our New Enquiries team on 0800 0271452 to find out how we can help you.