Matrimonial Conveyancing

Matrimonial conveyancing requires expert handling in combination with a sensitive and sympathetic approach. At Coodes, our award-winning residential conveyancing team will give you the personal, supportive attention that your circumstances deserve.

With matrimonial conveyancing specialists within our large property team, we can help you with every aspect of sorting out the ownership of your property following a relationship breakdown. We will explain all the considerations and take you through every step, ensuring that you understand your options and are best placed to make informed decisions at what can be an emotionally challenging time.

With offices throughout Cornwall and Devon, and working closely with our Family team, we can provide you with a sympathetic face-to-face service in a location near to your work or home.

What is matrimonial conveyancing?

When a couple owns a property and then decides to separate or divorce, an important step is agreeing who will have the house. Our matrimonial conveyancing team will guide you through the process of transferring ownership of the property. Working with our Family team, we can also provide additional support to ensure you know exactly what rights you have, what responsibilities and obligations you may be taking on and help you to arrive at a resolution that best serves your interests.

Whether the breakdown is acrimonious or not, it is important that you take expert legal advice before making any decisions or agreeing to any new arrangements as, unless these are the framed within a court order, they may not be binding and you could lose out. There may be children involved too, so it’s important that your lawyers understand their rights and the legal tools that can be used to protect their interests with regards to your home. Our experienced family and matrimonial conveyancing lawyers understand the technicalities of court orders, such as Mesher Orders that enable couples to postpone the sale of the property until after children have completed their education. You will also want to ensure that non-resident partners do not retain rights of access to the property and its contents. We can advise on how to secure the appropriate arrangements and work to ensure the best outcome for you.

Matrimonial conveyancing checks

Before becoming the sole owner of your property, it is important that you have all the relevant information to avoid problems in the future and there are a number of important steps we would recommend before seeking a court order. These include commissioning a survey and a Title Review, which could reveal important information about the property such as rights of access, boundaries and restrictive covenants. Without a Title Review, you risk the property being subject to charges when you enter the final financial settlement.

We can also support you with obtaining a Good and Marketable Title Confirmation for the property, in advance of the transfer of equity. This will alert you to any issues, which may affect your ability to sell and mortgage the property. For example, it will include a mining search and mundic block search, both of which are important for houses in Cornwall and Devon. And, if your property is a leasehold, we can carry out checks to ensure you understand what service charges you need to pay, and whether there are any planned works that would affect payments due.

Please call your nearest office for a full quotation or use our online enquiry form.