Hi, thank you for your question. Just a bit more information required to fully assist you:-Are they in England or Wales?-Do they have any children together, if so their ages and proposed arrangements?
Thank you for confirming. Your son should not be worried. As they are married and the home was the former matrimonial home, he has matrimonial home rights arising out of the marriage. This entitles him to continue occupying the property until divorce and he should consider registering this interest on the title using form HR1 to the land registry. She will be served with notice of this registration. Once registered, his interest will be reflected on the title and can delay or prevent any sale of the property. Furthermore, as part of any divorce there must be a financial settlement if there are assets and all matrimonial assets will be considered as part of any settlement in accordance with the relevant statute and case law.
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