The family home: Legal rights, ownership and what happens in divorce
The family home is more than just a house to most people and when a relationship ends the emotions and memories it holds can compound the stress of an already difficult situation.
There is no standard formula in England for calculating the division of assets when a marriage breaks down and the court is guided by Section 25 of the Matrimonial Causes Act 1973. This gives a wide ranging discretion and outcomes can vary widely.
The family home is almost always treated as matrimonial property irrespective of when and how it was acquired. This means a family home bought prior to the marriage, inherited, bought with funds gifted from elsewhere or bought jointly by the couple will be treated in the same way.
How or whether a house is retained by one party depends on the factors in Section 25 and the first priority is always the welfare of any children. The court also considers the parties financial needs, their housing requirements, their mortgage raising capacity and all the other assets available to them both when deciding what should happen to the family home.
It might be sold and the proceeds divided (equally or unequally depending on their circumstances) or transferred to one party with the other released from the mortgage immediately or at a specified later date. Ideally a ‘clean break’ is the goal where the parties can move on independently of each other and have no ongoing financial ties.
However the house is dealt with, it will always just be one part of the bigger picture and other assets such as pensions and savings will be considered along with any debts.
Every case is unique and many couples are trying to resolve matters without going to court. At Hay & Kilner our family team can give you full details of all the options available to you and guide you through the process from beginning to end whether it be through court, mediation, working collaboratively or together with one solicitor.
Contact us now for more information.
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