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The Matrimonial Home

Tax relief on maintenance - Divorce and Family Law at FJG Solicitors Colchester Essex UKThis is usually the most valuable realisable asset. If a couple are married Judges have wide powers to transfer ownership of the property from one to the other.

If a couple are unmarried this is only now possible and becoming more popular as a result of the Trusts of Land and Appointment of Trustees Act 1996 which enables a Court to transfer property from a father or mother to another party "for the benefit of their children".

Very often the matrimonial home has to be sold to reduce mortgage commitments and enable both parties to start again with more modest accommodation. This will depend upon the income that both parties have available but the Court does have power to allow one party to remain in the property for a period of time particularly where there are young children. Commonly, if funds permit, the mother will be allowed to remain in the house with the children - the Court being under a duty to consider the children's interests and need for accommodation first.