What are the legal rights of co-owners when separating in the UK?

Question from Dobby, What are the legal rights of co-owners when separating in the UK?

Answer from AI:

When a couple who jointly owns a property decides to separate, the situation can become complex, especially when children are involved. It’s important to understand the legal rights and obligations of each party in such a situation.

Right to Stay in the Home

In the UK, if both parties are legal owners of the property, neither party can be forced to leave the home without a court order. This is because both parties have what is known as a right of occupation. This right remains even if one party decides to leave the property temporarily.

Right to Sell the Home

If one party wishes to sell the home and the other does not, the party wishing to sell can apply to the court for an order for sale under the Trusts of Land and Appointment of Trustees Act 1996 (ToLATA). The court will consider various factors, such as the welfare of any minor children, the conduct of the parties, and the interests of any secured creditors.

Children’s Welfare

The welfare of the children is a paramount consideration in these situations. If the children are living in the home, the court may be reluctant to order a sale if it would cause significant disruption to their lives.

Legal Advice

Given the complexity of these issues, it is strongly recommended that your son seek legal advice. A solicitor can provide guidance tailored to his specific circumstances and help him understand his rights and options.

Resources

• The Citizens Advice Bureau provides information on rights when a relationship ends and can help with finding a solicitor.
• The Law Society can also help you find a solicitor in your area.

Please note that this information is a general guide and not a substitute for professional legal advice.