Divorce And The Family Home

When marriages break down and the divorce process is finished, there's one big question on everyone's mind: who gets the house? This is particularly complicated for families with children, who are often faced with so many options they don't know what to do.

Children are the priority

The welfare of any children caught up in a separation or divorce is paramount. The main carer for the children in a relationship will often see keeping the house as their priority and where possible, the Court will want to achieve stability for the children and see it as preferable for the children to live in an owned home. However, this may not always be affordable.

If there is money tied up in the property, the best course of action may be to sell it in order to best provide for the children. However, sometimes, it may be agreed that the family home should be retained for several years to provide stability for both the children and financial continuity for the parents, however, this is dependent on the individual circumstances of the case.

Rebecca Cresswell, a Chartered Legal Executive at Sweeney Miller Law says “we understand that it’s important to help our clients to understand their options and face the facts in this situation, in order to be able to make sensible decisions about their future and move forward”.

How the court decide what happens to the family home.

There are a range of Orders which the Court can make in relation to the family home, including the following:

-Selling the property and dividing the proceeds;

-Transferring the ownership from one party to another;

-Postponing the sale of the home to a specified date, e.g. when your youngest child reaches 18, at which point the proceeds of sale will be divided.

In addition to the welfare of the children, the Court will consider the factors detailed in Section 25 of the Matrimonial Causes Act 1973 which include:

1. The party’s current income and future earning capacity;

2. The party’s current and future financial needs, obligations and responsibilities;

3. The standard of living enjoyed by the family before the breakdown of the marriage;

4. The age of each party to the marriage

5. The duration of the marriage;

6. Any physical or mental disability of either of either party;

7. The contributions each party has made to the welfare of the family, including looking after the home or caring for the family;

There is no ‘one size fits all’ approach to how the family home will be treated on divorce which is why it is important to take legal advice on your individual circumstances as soon as possible. A solicitor can help you negotiate and try to strike a balance between the needs of the two conflicting positions.

With the divorce and separation process being such a complex and emotional time for all involved, it’s important to pick the right lawyer to oversee proceedings. Sweeney Miller employs specialist property and family law teams dedicated to ensuring you receive the best level of care and professional advice.