The ‘ex-matrimonial home’ is a highly emotive subject in divorce proceedings as well as often being the largest asset the couple owns. Depending on your situation, it could be sold and the proceeds divided equally, or get signed over to one partner exclusively.

Coming to an Agreement

If possible sit down with your partner, talk about your respective needs and try to reach an agreement. The court process regarding property can be long and painful so the more you can get out of the way in advance the better. If you and your partner are having trouble coming to an agreement, seek help from a specialist mediator.

There are numerous options and powers available to the courts. Make sure you talk through the various possible outcomes with a solicitor. When you go to court, they will encourage you and your partner to agree between yourselves without them having to make an order, so work out your boundaries for negotiation.

How a Court Decides

If a court ends up making an order regarding your home, their primary considerations will be the needs of any children and the means and earning potential of each partner. If there are no children, a court will usually divide the assets equally. If the mother gets sole residency of the children, she will usually also keep the family home. Even if the home is in the husband’s name, the courts have the power to sign it over to the wife in entirety.

If the children are independent but the mother has spent many years caring for them, a court will usually be disposed to securing capital and an income for her. They will also consider if she has re-married and given up a home or pension rights.

The father may be eligible for a Mesher order, whereby the home is assigned to the mother until the children are independent, at which point he would get a percentage share of the proceeds from the sale of the house.

Courts can also make certain types of orders to transfer rented property in a divorce. You should consult your solicitor as to what rules apply for you.

The main factors influencing a court’s decision are:

  • The welfare of any children.
  • The income, earning capacity and resources of each person.
  • The financial needs, obligations and responsibilities of each person.
  • The standard of living enjoyed by the family before the breakdown of the marriage.
  • The contribution made by each person to the welfare of the family.
  • The conduct of each person. This is only in very exceptional cases.

Short Term Considerations

You may want to consult a solicitor to make sure any property owned by your spouse is not sold or renovated before you divorce. You can also ask the Land Registry to have your house registered in your name too.

Make sure to keep up any payments and draw up a budget for how you and your partner are going to manage the separation while keeping afloat. You may want to cut costs in the short term by cancelling insurance or other payments, but you could regret the decision in the future. Try to keep things running as close to normal as is possible under the circumstances.

If You Have to Leave

If the home atmosphere becomes too difficult to cope with or you are suffering abuse and have to leave, you will not lose any rights to the property.

Your Ex is Living With a New Partner

You have no legal rights to a new partner’s property, but the fact they are living with someone else will usually lower their outgoings and therefore, especially in cases where children are involved, increase the amount of money available to provide for your accommodation.

Divorce Mortgages

Some banks and building societies now offer specialised divorce mortgages, which help you refinance and make a fresh start. Call your bank or building society and find out what they offer.