Separation who is entitled to what? By Seetal Missan

The breakdown of a relationship or marriage is a difficult time for any party.

Sometimes the idea to separate may be instantaneous following arguments or disagreements. However sometimes separation can be a gradual decision following a series of events.

If two parties decide to separate and they feel that they are unable to continue to live in the family home, it can often be disputed as to who should reside in the home.

There are a number of factors which should be taken into consideration in such circumstances where a family home is either jointly owned or where both parties have made equal contributions to the home and household bills.

This can include the parties’ financial needs, the length of the relationship/marriage, their capacity to work and other factors.

Some parties may decide continue to reside in the home together, albeit that they lead separate lives, until which time a financial settlement can be agreed by them. However this may not be an option for some couples, particularly if there has been domestic abuse in which case protective orders may be required.

Does one party have any other property which they may be able to move into, whilst the separation and financial matters are dealt with?

There is also the question as to the parties financial needs, can one party continue to afford to pay the mortgage or household bills, should their partner decide to move out and seek rented accommodation?

If parties have been married and are considering divorce proceedings, then a financial settlement needs to be negotiated and considered to enable parties to divide their assets. It is always best to seek legal advice try to negotiate a settlement without the need of applying to court as this can be more cost effective.

If parties have been cohabiting, then consideration needs to be given to whether the parties had intended the family home or other assets to be equal. Consideration would need to be given as to any financial contributions parties have made during the relationship.

If you would like further advice with regards to the above, contact me on 0115 923 2193 to arrange a consultation.