In the UK, if you are still legally married but separated, you may still have rights to make a claim on property owned by your spouse. The extent of these rights can vary depending on various factors, including whether you are divorcing or have obtained a legal separation, the nature of the property, and the financial arrangements made during the marriage.

Here are some key points to consider regarding property rights during separation:

1. Matrimonial Property: In England and Wales, matrimonial property refers to assets acquired during the marriage by either spouse, regardless of whose name the property is in. This can include the family home, savings, investments, pensions, and other assets.
2. Marital Agreements: If you and your spouse have a prenuptial or postnuptial agreement that outlines how property and assets will be divided in the event of separation or divorce, this agreement may influence the division of property. However, such agreements are not always legally binding in the UK and can be subject to challenge in court.
3. Financial Disclosure: During divorce or separation proceedings, both spouses are required to provide full and frank financial disclosure of their assets, income, and liabilities. This information is used to assess the financial resources available for distribution, including property rights.
4. Financial Needs: The court will consider the financial needs of both parties and any dependent children when making decisions about property division. This includes housing needs, income, earning capacity, and standard of living.
5. Contributions: The court will also consider the contributions of each spouse to the marriage, both financial and non-financial. This can include contributions as a homemaker, caregiver, or in the form of income generation.
6. Court Orders: If you are unable to reach a voluntary agreement with your spouse regarding property division, you may need to apply to the court for a financial order. The court has the authority to make orders regarding the division of property, including orders for the sale of property, transfer of ownership, or payment of a lump sum.
7. Time Limits: It’s important to be aware that there are time limits for making financial claims following divorce or legal separation in the UK. In general, financial claims should be resolved as part of the divorce proceedings or within a reasonable time thereafter.

Overall, if you are still legally married but separated, you may have rights to make a claim on property owned by your spouse, particularly if the property is considered matrimonial property. It’s advisable to seek legal advice from a family law solicitor to understand your rights and options in your specific circumstances.

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