Married owner occupiers
This section looks at occupancy rights and at the different ways of dividing property available to couples if their marriage ends. In particular it looks at the matrimonial home.
A number of pieces of legislation will need to be considered when a marriage comes to an end.
To establish the rights a married person has in relation to a property, it must first be established whether or not the property is a matrimonial home and who is the owner of the property.
Where a couple are married, both spouses will be entitled to occupy the family home, regardless of which one of them is the homeowner.
If there is a sole owner, the non-entitled spouse can take steps in order to secure or protect her/his occupancy rights in the matrimonial home.
This section looks at applications that can be made to court by either partner regarding occupancy rights.
In order to exclude a spouse from the matrimonial home entirely it is first necessary to obtain an exclusion order from the court.
A matrimonial interdict is a court order that can be used to prohibit the non-applicant spouse from certain conduct towards the applicant spouse and any child of the family.
This section looks at matrimonial homes legislation relating to transactions involving the marital home.
There are different obligations in relation to expenses, such as mortgage payments, that arise as a result of owning a home.
Where one spouse owns the matrimonial home the non-entitled spouse must also consent to the granting of a mortgage over the home.
The sale or disposal of the matrimonial home depends on whether the home is jointly or solely owned.
The parties will usually want to resolve occupation of the matrimonial home once it is clear that the marriage has definitely ended. There are a number of long-term solutions that may or may not involve application to the court.
Last updated: 29 December 2014