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If you are going to need a mortgage to help you buy a property, you may want to speak to a mortgage adviser before you start looking, to give you an idea of what price range you can afford, the type of mortgage that might be suitable and any mortgage fees involved - see Useful links.
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Property can be owned in the names of one or more people. If you're not sure whether you own your home jointly with your spouse or civil partner (and if you do, what percentage share you have), you can check easily and cheaply by getting a copy of the records of the property from the Land Registry website - www.landregistry.gov.uk. This is public information you can access yourself. Alternatively, ask the solicitors who dealt with the purchase for you to confirm how the property is held.
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If there is a mortgage on the home, you will need to take this into account when deciding what to do. If one of you stays in the home, will the mortgage be affordable and who will pay it? Is it possible to pay off the mortgage? Can the mortgage be transferred to just one of you or would remortgaging make sense?
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If you cannot agree, you or your partner will need to make an application for the court to decide what is to happen to your home. The orders a court can make depend on whether you own the property jointly with your partner and, if not, whether you can show that you have an interest in the property because of contributions that you have made to it. This is a complicated area of law and you should speak to a solicitor to find out what your rights are.
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How easily you can give up a rented home depends on the type of tenancy agreement you have, whose name is on the lease and how long you have been there.
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May 22, 2011 Hits: 50

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You and your spouse or civil partner can agree where you will both live while your divorce or dissolution is being sorted out and afterwards. There is no need to involve the courts, although you may find it helpful to base your discussions on what a court might decide is fair. If you do reach a private agreement, make sure you record all the terms in writing, each sign and date it and keep a copy in a safe place. Remember that these agreements could be challenged later in court.
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Whatever your circumstances, deciding to move out is a big decision. You need to think about where you will go and whether you can afford to buy or rent a new property. Since you may not know what your financial position is going to be until after a financial settlement has been agreed or a court order made, you may want to stay where you are until then.
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If you have a limited income, you may be eligible to apply for council housing, or for housing through a housing association. You can find more information about both of these options at www.direct.gov.uk
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You can rent directly from a landlord or through an agency. When thinking about how much you can afford, you may find it helpful to work out your budget (see Managing money - Drawing up a budget).
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There are a number of reasons why you and your spouse or civil partner might decide to sell the home: you might need to release funds to enable each of you to buy somewhere else; the mortgage and running costs might be unaffordable for one of you alone; or you might both prefer to move to somewhere new. Whatever the reason, completing a sale is likely to take a while and it is important that you carefully consider what is going to happen until the home is sold. You will need to think about where both of you and any children will live and who will pay the mortgage and other expenses (such as fuel bills and council tax) until the property is sold.
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Capital Gains Tax (CGT) is a tax on the increase in value of something during the period you have owned it. CGT may be due when you sell, give away, transfer or otherwise dispose of something. There may be CGT payable on a transfer of property between you and your spouse or civil partner on a sale of the property. CGT is of particular relevance when a couple own a second property and/or one person has moved out and purchased a separate property.
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You and your partner can agree where you will both live now that your relationship has come to an end. There is no need to involve the courts, although you may find it helpful to base your discussions on what a court might decide.
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Financial Abuse can take many forms from running up debts in a partner's name to denying a partner access to their wages.