My spouse owns our family home in their sole name. How can I protect my interest?

In numerous married households, it's quite common to find the family home owned in the sole name of one spouse. This can be either the husband or the wife. While this arrangement may work smoothly during happy times, it can become a cause for concern in the event of a separation. The non-owning spouse often feels vulnerable and anxious, worrying about what the owning party could do with the property without their knowledge or consent. But, there are legal ways to protect the non-owning spouse's rights, and we're here to explain how.

The Risk of Sole Ownership

The risk for the non-owning spouse in a solely owned matrimonial home is that they may feel left in the dark about any decisions concerning the property. This uncertainty can be incredibly stressful, especially in situations where the couple is considering separation. The non-owning spouse may be left vulnerable to the risk of the property being sold or mortgaged without their knowledge, leaving them in a precarious position.

Legal Assistance for Protecting Your Rights

At George Green LLP, our Family Law Solicitors are well experienced in advising clients who find themselves in these circumstances. We provide legal guidance on how to protect your position in the event of a separation or divorce when the family home is solely owned by your spouse. Our primary assistance involves preparing the necessary application to the Land Registry. This application is essential as it ensures that the property cannot be sold or otherwise disposed of without the non-owning party's knowledge and consent.

Registering the Matrimonial Home Rights

The legal application to safeguard the non-owning spouse's interests is often referred to as "registering the matrimonial home rights." This registration ensures that the non-owning spouse's rights are recognised and protected, even if they are not the legal owner of the property. It's a crucial step in ensuring that you have a legal say in what happens to your matrimonial home.

How to Get Legal Help?

If you find yourself in a situation where your spouse solely owns your matrimonial home, and you're concerned about your rights, don't hesitate to reach out for legal assistance. Our family solicitors are based in Wolverhampton, Cradley Heath, and Sutton Coldfield and serve clients across the West Midlands. For all new enquiries, complete our online enquiry form, and a member of our team will respond. Alternatively, you can call us directly at 01902 328 365. We're here to provide the legal support you need to protect your rights and secure your future.

George Green LLP is a leading full service law firm and recognised as such in both Legal 500 and Chambers and Partners.