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What happens to the house when divorcing or separating?

What happens to the house at the end of a relationship when you separate or get divorced?

Divorce and separation always create a raft of complicated financial issues — many of which can settle through various legal processes. For instance, what happens to a house in a divorce? In the vast majority of relationships, the family home is the single largest asset involved, and it is rarely straightforward deciding what happens.

Find out where you both stand legally, and what you’re entitled. One of the first steps to take involves protecting your ownership rights.

What’s the first thing I should do when selling a house because of divorce or separation?

Your first point of contact should be a solicitor. However, it’s important to act quickly if your name is on the mortgage and you aren’t going to be making payments, or if you’re splitting payments with your ex. Regardless of who pays the mortgage, you’re liable for the debt until you remove your name or the mortgage paid off.

Contact your provider immediately to inform them you and your partner are breaking up, particularly important if you believe that your partner may not fulfil their obligations to keep up with payments. You can also apply to ban your partner from making any increases to the mortgage.

Protecting ownership rights when selling a house in a divorce

You legally own your home if your name is on the title deeds. It may be owned by just you, both of you or by someone else. Register your interest in the property, even if your name isn’t on the deeds.

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