Can I enter marital home after separation?

Can I enter marital home after separation?

The law is quite clear that where the property is jointly owned (ie, held by the two parties in joint names) each of them is permitted to enter that property without conditions. This is the case even if one of them has moved out following their separation.

Is my ex-partner entitled to half my house?

When you’re married you’re automatically entitled to a share of your partner’s assets. This means you have a legal right over the property, even if you’re not the legal owner. If you want to protect assets that you bring into the marriage, you should consider getting a Prenuptial or Postnuptial Agreement.

Can a ex partner force you out of a house?

Until a divorce has been finalised, either party has the right to remain in the home. After this, the right is invalid. However, if there are children under the age of 18 living in the home, their welfare will come in to play. If you are in a situation where the property is in your ex’s name, rest assured that you cannot be forced out.

Is the house in the sole name of the ex?

This is an important distinction to make, because the outcome for unmarried separations is usually very different from the outcome of married separations. If you had been married, then your partner would have had an automatic claim against your house as a marital home and the fact that it was in your sole name may not have made too much difference.

What to do with household items after separation?

Ideally, the spouses should try to reach an agreement when they separate. When this is impossible, each spouse can ask a judge for exclusive use of the family’s movable property. However, spouses can take items that belong to them if they are not considered movables used by the family.

What are my rights to property after a separation?

Separation — whether you opt for a separation agreement or a divorce — can be an emotional time. On top of this, couples need to decide how to split their assets, including money and the marital home. But what are your rights to property after a separation?