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I live in the family home which is in my partner’s name – I want to stay there now we have separated

Mar 12, 2014
Cohabiting partners are not afforded the same protection as married couples who have rights under the Family Law Act 1996 to occupy matrimonial home when only their spouse’s name is on the deeds. If only one of cohabiting couple has their name on the deeds then normally the other party has no right to remain in occupation of the property or to know when it is sold. The Court will consider the ownership under the strict property laws and will look at the TR1 a document which shows how the property was intended to be held.

It is a complex area of law and there are certain circumstances where it may be possible to challenge the TR1 depending on the circumstances of the matter. 

For further information about separation and cohabiting please contact our Family & Matrimonial Law Team at family@nockolds.co.uk or call 01279 712556.

Jenna Brewer (profile) Jenna Brewer Wednesday 12th March 2014
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Jenna Brewer

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Jenna Brewer

Jenna joined Nockolds in 2005 and is a Charted Legal Executive in our Family Team. Whilst at Nockolds Jenna has studied law through CILEX (The Chartered ...

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