Areas of Law / Divorce and Family

My husband wants a divorce but I don’t. If he decides to go ahead will I be able to stay in the matrimonial home until the divorce is final? It’s in his name only. Could I claim half the value of the property? We have been married for nine years.

If your husband is unable to show that there has been an irretrievable breakdown in the marriage he may not be able to divorce you until you have lived apart for five years. It’s more than likely that you will have some claim on the property; if necessary you can ask the court to work out your entitlement. You will have a spouse’s right of occupation in the house until the decree absolute, but you should see a solicitor urgently to ensure that your husband cannot sell the house or borrow against it in the meantime.

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