In many cases the marital home is both the most significant and the most heavily symbolic of all assets in a marriage. As such, property ownership disputes on divorce are very common, frequently contentious and almost always emotionally draining for at least one of the parties involved.
Furthermore, with more couples than ever before jointly owning investment and buy-to-let property, many also have portfolios of properties that may be worth five- or even six-figure sums.
In the event your relationship has broken down and you own or part-own one or more properties with your spouse, common law spouse or civil partner, it is essential that you take advice from an experienced divorce solicitor as to your rights.
Property ownership disputes on divorce can involve several complex areas of the law and it may be necessary to also consider related financial assets such as trusts, pensions and art collections.
Oratto's divorce solicitors can ensure that you receive all the information and advice you require to help you resolve any dispute you may have regarding ownership of marital property. There are many ways to do this. For example, it may be possible to avoid the courts and to engage successfully in some form of alternative dispute resolution such as mediation, negotiation or another collaborative process.
Married couples have automatic rights under family law, especially in respect of matrimonial property, which cohabiting partners do not. However, it may still be possible to prove that a cohabiting partner is entitled to a share of property on separation, and, in order for this to occur one or more of the following criteria must be satisfied:
- The non-owner contributed to mortgage repayments and/or maintenance refurbishment costs
- The cohabiting parties intended to share equity
- The non-owner has invested in the property
- The non-owner made a significant contribution to household expenses
Lawyers for advice regarding property division on divorce
Whatever stage you are at in the process of divorce and separation, Oratto's member divorce lawyers can help you uphold your full rights under the law to ensure you receive the best possible financial settlement.
Our membership is composed of many of the finest specialists across the UK and our lawyers have handled some of the country's most complex, high-value and high-profile divorce cases. When you come to Oratto, our priority is always to find you the right solicitor for your needs.
We can help you find the most suitable practitioner via our Match service or you can browse through our member divorce solicitors' profiles and choose the one you would most like to get in contact with.
Oratto - the right advice for your situation, always