Do home rights end at final order?

[melsleeve]

Hi everyone.

I'd like to know if my matrimonial home rights on our family home end when divorce is granted at the final order please or do they continue until finances are complete?

Thank you.

Ten ish years ago I was advised to complete financial order before final decree, but I think that was more to protect me from any future claim from him?

Yes, your Matrimonial Home Rights will cease once the Final Order for divorce is granted. You need to make sure you have a Financial Order in place first - not just agreed, but approved and stamped by the court.

Thank you. Ex is refusing to share form E and discuss finances. I'll submit form D11 to request a delay on final order being granted. Fingers crossed it gets accepted by the court.

Can you afford a solicitor? It sounds like you might need one.

No. I can't afford one. I've been quoted £300+ an hour. I have called around for free advice but advice has been quite general.

Would you mind giving a little more detail about your situation (length of marriage, earnings, children, house value)?

Married since 2016.
Property is valued at 130k but remaining mortgage balance is 85k.
1 young DC.
I work part time
Ex quit his very well paid job a few days before he applied for divorce last August. He lives abroad now where he's originally from.

Hi. On my consent order there is a stipulation that I remove my home rights within 7 days of the order being granted. Ex needs it to remortgage and buy me out.
but if your ex doesn’t remove his rights on the house you can do it yourself by sending in a copy of the final order with the cancellation of rights form.
hope it helps and all the best 😊

Thank you. Your situation is complicated by your husband moving abroad (you probably already know that). Citizen's Advice might be able to provide some help, but for the moment you need to delay applying for the Final Order.

Hopefully, someone who's been in a similar situation to yourself will be along to give you some tips or advice.

Mine wasn't, it was written into our financial order that I have matrimonial home rights until the house is sold. We've been divorced 14 months now, house still isn't sold but hopefully our most recent sale will go through. My solicitor did have to lodge something with the land registry for home rights to continue though.

If yours or his name is on the mortgage, they have the right to live there until a consent order states otherwise.
In mine it said he had to move out in 12 weeks of order, and I have to sell the house when youngest turns 18 unless I can buy him out. He is not responsible for the mortgage either

In reality, this is all just words on paper. My ex didn't move out until 6 months after the order because he is a selfish, unrealistic moron.

In case it might help, this might give you some more information on matrimonial home rights - https://iamlip.com/you-and-your-matrimonial-home-rights/ I'm pretty sure it ends once the final order is issued.

Thank you so much everyone.