If you have made the decision to separate or divorce, there are certain legal rules and procedures that will determine what happens to the property that you both share. Whether you are married or not, can have a significant impact on the outcome of any legal agreement.
Rights of Occupation, that is, what right you have to live in the property (matrimonial home), can be determined by the courts. Where there has been violence or harassment an order (occupation order) of the court can state who should live in the property. Through this order, the courts can also order you or your partner to leave your home, live in one part of your home, allow one of you back into your home, or exclude one of you from a specific area.
Where you feel troubled or harassed by your spouse, it might be important to obtain a non-molestation order, which is a legal order preventing the person it is issued against from harassing, pestering, intimidating, molesting or using violence against you. This can also include annoying you deliberately or threatening you.
Interest in Property will be determined by the extent of your rights or entitlement to the property.
It is important to understand your rights and obligations with regards to family property to ensure that you are in a position to protect those rights and obligations.