Housing rights of married joint homeowners
Situation of married couples and civil partners who are joint homeowners and whose relationship has broken down.
The ways in which property law and family law work to resolve relationship breakdown issues in the County Court and High Court respectively.
An explanation of joint ownership including beneficial joint ownership and tenants in common, and the effect on value of the shares of equity in the property.
Joint owners who are married or in a civil partnership, rights to occupy the home and liability for a joint mortgage debt.
Occupation orders under the Family Law Act 1996 including declaratory and regulatory orders to control or restrict rights of a joint owner.
A joint owner can prevent sale of the home by the other joint owner and may be able to prevent a forced sale by a creditor or trustee of the joint owner.
Rules and case law on setting aside a transaction if one joint owner has not consented to a sale done by the other joint owner.
Married and civil partners' long term occupation options after separation, such as selling the property, coming to an agreement or going to the court.
Position of married homeowners on mortgage payments, loans on the property, or maintenance from one spouse to another after separation.