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If your marriage has broken down to the extent where you cannot continue then the only thing you can do is to apply for a divorce. When considering a divorce there are many factors you will have to take into account. One of these will be your property if you own property. Here we look at some of the rights regarding property when divorcing.
What share of the property might you be entitled to, if any?
You might believe that you are entitled to stay on in the property and your partner should leave. So what share of the property might you be entitled to, if any? In order to determine what share of the property you may be entitled to, you may have to go to magistrate court or family court. However, you and your ex may prefer to work with lawyers to resolve this matter yourself and share the property and this is the preferred method if it is possible. Division of the property through courts is seen as the last resort. If you have more than one property or there are business properties then these too may be shared.
Does my name have to be on the deeds to the property?
As long as you are legally married then it does not matter if your name is shown on the title deeds of the property. You may still be entitled to receive a share of that property or properties. This could be for example if a married couple decided to buy a home to live in but the male partner’s name only was on the title deeds to the home. If your name is not on the title deeds then you may wish to lodge a caveat to protect your share of the property. This is to let the other party know that you are intending to claim a share of the property. As a rule, anything that is acquired throughout the marriage may be classed as matrimonial property which partners might be entitled to receive even shares.
What portion of the property might I be entitled too?
The court may consider many factors when deciding what portion of the property you might be entitled to receive after the divorce. Generally, this portion is worked out based on what you put into the marriage, what you have contributed during the marriage and what the best interests of any children in the marriage are. In short, this means that if one of the partners has the children living with them for the majority of time after the divorce they would usually be entitled to receive a larger share of the property. When it comes to determining what you have contributed towards the marriage this may include such things as bringing up any children and taking care of the home. Any home improvements or general maintenance of the property may also be considered when determining shares of that property.
Is there a time limit when I have to put in a claim for a share of the property?
If you want to claim a share of a property after a divorce and you cannot divide the property amicably and have to go through the courts, you have one year from the date of the divorce to stake a claim on property. You may also file an application for a share in property as soon as you and your partner have separated, you do not have to wait for the divorce to be finalized.
If divorce is inevitable then you may want to enlist the help and advice of a solicitor as soon as possible. This can make things a great deal easier for you and will ensure that get a share in everything you are entitled too.
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