Getting a Divorce: Who Gets to Keep the House?
Divorce can be complex and emotional, particularly when it comes to dividing assets such as the family home. Understanding how the courts approach the division of assets on divorce can help you navigate this challenging time.
The Starting Point: Equal Division
In England and Wales, the general principle is that matrimonial assets should be divided equally, starting with a 50:50 split. However, this is not a strict rule, and the court’s primary aim is to achieve fairness based on the circumstances of each family law matter.
Factors Influencing the Division
1. Contributions: The court considers both financial and non-financial contributions made by each party. For example, this includes mortgage
payments, home improvements, and even non-financial contributions such as childcare.
2. Needs: The housing needs of both parties, especially if there are children involved, are a significant consideration. The court aims to ensure that both
parties have suitable accommodation following the divorce.
3. Length of Marriage: The duration of the marriage can impact the division. Longer marriages may result in a more equal division of assets.
4. Intentions and Agreements: Any pre-existing agreements, such as prenuptial or postnuptial agreements, can influence the court’s decision, provided they are deemed fair. For more information on such agreements, please read our recent Article on this area of law.
5. Fairness and Equity: The court seeks to achieve a fair outcome, which may not always mean an equal split. Factors such as the earning capacity of each
party and future financial needs are heavily considered by the court.
Options for the Family Home
Sale of the Property: The most straightforward option is to sell the home and divide the proceeds. This can provide both parties with a clean break and the financial means to start fresh. The court usually prefers a clean break between the parties post-divorce.
Transfer of Ownership: One party may keep the house, often in exchange for other assets. This is common when one party wishes to remain in the home, particularly if children are involved.
Mesher Orders: In some cases, the sale of the home may be delayed until a specific event occurs, for example the youngest child reaching adulthood. This allows the primary caregiver to remain in the home temporarily until the trigger event.
Legal Process: What If We Cannot Agree?
If you and your spouse cannot agree on how to divide the family home, the matter may be resolved through financial remedy proceedings. This involves:
1. Disclosure: Both parties must fully disclose their financial circumstances.
2. Negotiation: Attempting to reach an agreement through mediation or with the help of solicitors.
3. Court Proceedings: If no agreement is reached, the court will decide how the assets should be divided.
Conclusion
Deciding who gets to keep the family home in a divorce involves careful consideration of various factors and often requires negotiation with the assistance of
a lawyer and compromise. Seeking legal advice early in the process from RJS Family Law can help you understand your rights and options, ensuring a fair and
equitable resolution.
Contact Us
For any queries related to how we can assist you in regard to your divorce and financial settlement, please contact us through our website, where you can also book a free consultation.
Author: Millie Grundy
Millie is a newly qualified family solicitor who has recently joined the RJS team, where she heads up our new office located in Bridgnorth, Shropshire. Millie is dedicated to providing compassionate and effective legal support to clients navigating the complexities of family law.
