Going through a divorce is particularly difficult if you have a family and concerns over where you will live in the future. We take a look at the legal situation and answer the question, ‘Who gets the house in a divorce with children?’
If the courts are asked to decide a divorce house split, they will always prioritise the best interests of the children. This means that the court will aim to ensure that the children and their primary caregiver have their housing needs met. However, the court will also aim to meet the other parent’s needs and it is also the case that the courts like children to have a meaningful relationship with both parents wherever possible.
In this blog, we will look at splitting a house in divorce, including:
- What happens to the family home in divorce?
- Who gets to keep the house in a divorce without children?
- How do you split house contents in divorce?
- Can my wife refuse to sell the house in a divorce?
Please note, this blog is intended for general information purposes only and should not be taken as legal advice. If you need legal advice on children law, please contact your local BakerLaw office or email us at enquiries@baker-law.co.uk.
What happens to the family home in divorce?
There are no specific divorce house rights, and how to split a house in divorce will depend on your individual circumstances. For most couples, their house is their largest asset and if there are children involved it is not always practical to sell the property and split the proceeds if that leaves their primary carer without a big enough home.
The court will look at the needs of everyone involved, with the children as a priority. If one party will have the main care of the children, then that person may be given the right to stay in the family home.
If this happens, the courts will aim to compensate the other party in some way. This could be by awarding them a larger share of other assets, such as savings or pensions. Where this is not possible, another option is to defer the sale of the property until the children reach 18, then split the proceeds, although this is recognised as not being ideal, either for the person left without a property or for the person who will have to sell their home in the future.
Where the family home is larger than is necessary for one parent and the children and there are not sufficient other assets to compensate the parent who will be leaving, then the court can order that the property is sold. It will specify how the proceeds will be shared and try to ensure that each party’s needs are met.
Who gets to keep the house in a divorce without children?
If you do not have children, then dealing with property can be more straightforward. One of you may receive the house in a divorce settlement if there are sufficient assets available to award to the other party or if the person who has the home is able to obtain a mortgage to buy out the other’s share.
Where this is not possible, then the property can be sold and the sale proceeds split. The court can decide how much each party should receive if you are unable to agree on this yourselves.
How do you split house contents in divorce?
It is always preferable to decide on issues such as division of assets and arrangements for children by agreement wherever possible. If you are unable to reach an agreement with your former partner, you will usually be referred to mediation. A mediator will work with you both to help you try and reach a compromise.
The courts prefer not to be involved in the division of household items. You can try to reach a settlement by deciding on a practical basis who needs particular assets and whether either party has an attachment to them, for example, if they are handed down from a family member or were received as a gift. If you are able to decide who will have individual items, make sure this is recorded in writing.
If there are possessions on which you are unable to agree, these can be included in the wider financial negotiations. When you divorce, a financial order needs to be put in place setting out how your assets and liabilities will be shared. This is essential to avoid a financial claim in the future. Household items can be dealt with in this order where necessary.
Can my wife refuse to sell the house in a divorce?
If there is a disagreement over the sale of a house in divorce, you will need a court order to force a sale.
If children are involved, then the courts will prioritise their needs when deciding whether to order a sale of the property.
Book a free initial 30-minute consultation with our divorce solicitors
If you are going through the breakdown of a relationship and you what to know who gets to stay in the house during a divorce, our experienced family law solicitors are able to help. We can negotiate on your behalf to try and resolve matters out of court or, where necessary, ask the court to make a financial order.
At BakerLaw, we provide clear and pragmatic advice on all aspects of divorce and separation. If you are concerned about ownership of the family home after divorce, we will discuss your situation and the options available to you. We can represent you in securing the best possible outcome for you and your family.
For more information on our services, see our divorce solicitors page.
You can contact your local BakerLaw office or email us at enquiries@baker-law.co.uk.
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