Can I move out of the marital home?

Whilst moving out of the marital home won’t affect your rights to the property, there can be reasons to stay put if it is safe to do so.

The main reason to stay in the house, if you can, is to assist with a sale. If the house is to be sold, remaining in occupation can prevent your spouse from trying to delay a sale or block offers.  

However, if you are fearful of remaining in the house due to the behaviour of your partner, it may be possible to obtain an injunction requiring them to leave. This is certainly something to discuss with your family solicitor.

The matrimonial home is usually the main asset in a divorce, and the starting point is that the equity in the house will be divided equally between you. If the home is only registered in one person’s name, that doesn’t change this initial presumption but you should take steps to register your interest as soon as you separate. If you need more than half of the money to rehouse yourself (and your children), or if you want to stay in the house until the children reach a certain age, your solicitor will advise you on the best way to achieve this. 

If you need advice tailored to your circumstances, contact Harrowells' Family Law Team who will be very happy to assist.