Private residence, court actions available on separation or divorce

Couples may have experienced the difficulties that can arise when couples separate or divorce. One area where they may need to resolve are the options that courts have to direct ownership of the marital home. The courts can exercise their jurisdiction in the following ways.

  • By recognising an existing equitable interest of the spouse or civil partner who does not have legal title to the dwelling house.
  • By ordering the spouse or civil partner owning the home (or an interest in it) to transfer it to the other spouse or civil partner.
  • By ordering the spouse or civil partner owning the home (or an interest in it) to hold it on trust for the other spouse or civil partner for a limited period.
  • By ordering the spouse or civil partner owning the home to sell it and to pay the other spouse or civil partner a capital sum out of the proceeds of sale.
  • By both determining that one of the spouses or civil partners had an equitable interest in the home and ordering the other spouse or other civil partner to transfer some or all of their interest in the home or to pay a capital sum out of their share of the sale proceeds.

Where the marital home is the couple’s main asset the outcome of these deliberations is clearly significant.

Latest Blog
02
May

Tax Diary May/June 2024

1 May 2024 – Due date for corporation tax due for the year ended 30 July 2023. ...

Read More
02
May

Claim tax relief on pension contributions

You can usually claim tax relief on private pension contributions worth up to 100% of...

Read More
02
May

Accessing the HMRC mobile APP

HMRC’s free tax app is available to download from the App Store for iOS and fro...

Read More
02
May

Payrolling employee expenses and benefits

Employers can register on a voluntary basis (before the start of the tax year) to rep...

Read More