Hartnell Chanot: Divorce/Family Law Solicitors Exeter, Devon

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What can you do to protect yourself?

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We recommend seeking advice from a specialist family solicitor
to protect your interests.

If you have separated, there are steps you might consider taking at an early stage to protect your position.

Advice for Non-owners wishing to claim an interest

If you are not a joint owner, but believe that you may be entitled to claim an interest in the property, we would recommend that you seek early advice from a solicitor on;

  • How to ensure that the other party does not sell or mortgage the property before your claim is dealt with;
  • How to make your claim and the evidence which will be needed.

Advice for Joint Owners

If you are a joint owner, we recommend you seek early legal advice on;

  • Ensuring that your share of the property will pass to your chosen beneficiary if you die;
  • Credit for any mortgage payments made by you after separation;
  • Seeking an ‘Occupation Rent’ from the party remaining in occupation (where you are the party who has left);
  • Seeking an order for sale, where for example, there are or will be problems in meeting the mortgage payments after the separation, or one party does not agree to a sale;

Where there are Children

Where the property provides a home for children, you should seek early advice as to how the property might be preserved while the children need it as their home.

Right to occupy the home

Where you are concerned that you have been or might be forced out of the home by the other party, or where you wish the other party to leave, you should seek advice as soon as possible.

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