When two cohabitants separate, the shared accommodation and household goods must be divided equally, regardless of who has paid more or whose name is on the contract. If cohabitants wish to have a different arrangement than that set out in the Cohabitation Act, they can create a cohabitation agreement.
During divorce or separation proceedings, the court may grant one spouse or cohabitant the right to remain in the common home. This right is not contingent on property ownership or whose name is on the lease agreement. The right of retention remains effective until the property division is finalized.
The determination of which spouse or cohabitant is entitled to remain in the common home is based on who the court deems to have the greatest need for the residence. If there are children involved, the decision primarily hinges on who will be the primary caregiver. Other considerations may include the financial situations of the parties, health status, age, disabilities, and the ability to secure new housing.
To initiate a determination of the right of retention, one of the spouses or cohabitants must file an application with the court. The matter is then adjudicated as a separate case, with the court deciding who has the greater need for the property. Generally, the person granted the right of retention is allowed to stay in the home until the property division is complete, though an alternative date can be agreed upon.
Being granted the right of retention does not absolve the other party from their financial obligations related to the property. Both parties remain jointly liable for rent and other housing-related expenses. However, the court may order compensation for the use of the property.
Advantage law firm was established with the purpose of helping people with their legal matters. We are experts in addressing all the different aspects related to family law which includes the problems that stem from the right of retention. Our lawyers can also offer you representation in court. Get in touch with us for any assistance you need for your legal problems.
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