A divorce not only involves the dissolution of a marriage; there is also the question of how assets such as property will be divided. Who will get the house if you divorce? How will the proceeds from selling the house be divided? How does the court decide how a house is divided in a divorce?
The first step: the financial agreement
The first step in deciding how assets such as your house are divided in a divorce is to come to a financial agreement with your spouse. If you’re able to agree on how to divide property, savings, and other assets, you can apply for a consent order to make your agreement legally binding — usually without needing to attend court.
A judge will then review the agreement to ensure it is fair to both parties. If satisfied, the judge will seal the consent order, making it legally binding. If the judge is not satisfied — for example, if they believe the agreement is unbalanced — they may request further information or refuse to approve the order.
If you and your spouse are unable to reach an agreement, you may need to apply to court for a financial remedy order, and the court will make a decision on how assets should be divided.
What are my options for dividing the house in a divorce?
Option 1: Sell the house and split the proceeds between you
Selling your property provides you with a lump sum to divide between you and your spouse. This is often a desirable option because it gives each of you cash to use as a deposit to buy your own separate properties. However, it should be noted that housing market fluctuations and the fees associated with selling a house could lead to financial losses. It may be worth considering other options, such as renting the property out or agreeing one spouse lives there as a temporary arrangement until there is a better time to sell.
Option 2: Buy out your spouse, or vice versa
If one of you wishes to remain living in the property, it might be a viable option to buy your spouse out. This involves one party buying the other party’s share of the house and ownership being transferred to one person. This can reduce the time and money it takes to settle as you do not need to market the property or wait for a buyer to come along. This option can also help reduce disruption to family life and allow children to stay in familiar surroundings.
Option 3: Remain living in the house with your ex-spouse
This may seem like an unlikely scenario, but for some couples, cohabiting after a divorce is an option. If the breakup has been harmonious and you are able to get along, living together temporarily – or even in the long term in some cases – could be the easiest and most cost-effective solution for you and your family. In some cases, spouses choose to ‘nest’ in the family home, taking turns to live there whilst the children live there full time. Some people choose to do this until their children are older and more independent, or until they are in a stronger financial position.
How is a house divided in a divorce if there are children?
The law makes the welfare of any children the first consideration when dividing assets in a divorce. Where children are involved, the decision around who remains in the family home may be linked to child arrangements. Judges often consider the housing needs of the primary caregiver, and it may be sensible for them to remain in the home to ensure stability and continuity for the children.
Will the house be split 50/50?
Although a 50/50 split is often the starting point when dividing assets, there is no standardised way for a house to be divided in a divorce. The court will take several factors into consideration. Usually, the most important is each person’s financial and other needs. Other factors could be the contributions each of you have made towards the house and whether there are other assets involved such as savings, pensions, cars or other property. They will also consider any non-financial contributions, which includes things like raising children, managing the household, supporting a spouse’s career, or caring for a spouse with a disability or illness.
How is a house divided in a divorce if I move out?
Moving out of the house during the breakdown of the marriage does not mean you lose your rights to the property. It is common for one spouse to leave the family home during separation and divorce. This does not mean that person has automatically forfeited any legal rights to the ownership or occupation of the property. Neither spouse can be forced to leave the family home, unless there has been domestic violence, or a court order has been issued instructing them to leave.
Get personalised legal advice on dividing assets from our divorce experts
Dividing a home during divorce can be one of the most complex and emotionally charged aspects of separation – but you don’t have to navigate it alone. At Woolley & Co, Solicitors, our expert lawyers can help you understand your rights, reach a fair agreement and ensure any decisions are legally binding. Whether you’re considering selling, buying out your partner, or staying in the home, we’ll help you make the right choice for your situation. Call us on 0800 321 3832 or complete our online form to request a free, 30-minute consultation with an expert divorce and family law solicitor.
Kate Butler
Family lawyer Northampton
