Divorce brings with it a host of emotional and practical challenges, and one of the biggest concerns for many couples is what will happen to the family home. Questions around who can remain living in the property, and how this is influenced by having children are common.
It’s understandable that uncertainty around this gives way to worry and concern, given that the family home is often the most valuable asset, as well as a place filled with personal memories.
Let’s look at how property rights are handled during divorce in England and Wales and the factors that influence decisions.
Who gets the house in a divorce?
There is no automatic rule that says one spouse will get to keep the house over another. Instead, the division of property during divorce is based on achieving a fair outcome for both parties taking into account all of the circumstances.
When deciding what should happen to the home, there are several possible arrangements which could be put into place to ensure the needs of all parties are met, including any children of the marriage. The options vary from selling the family home and splitting the proceeds in accordance with what is fair, to one party staying in the family home and the finances being split in order to suit this arrangement.
The guiding principle is fairness – but contrary to common assumption, this does not always mean a 50/50 split. Each couple’s financial circumstances, contributions and needs will be taken into account.
Who gets the house in a divorce with children?
- When children are involved, their welfare becomes the court’s top priority. The aim is to provide stability and ensure that children have a secure home environment. This can influence decisions about what will happen with the family home. As set out above, all of the circumstances must be taken into account and consideration must be given as to where the children will live.
While the presence of children often weighs heavily in decisions, it does not automatically mean that one parent will keep the house. The overall financial positions of both parties and the affordability of maintaining the property are also key considerations.
How is the decision made?
Ideally, couples are encouraged to reach an agreement through Non-Court Dispute Resolution such as Resolution Together, Mediation, Collaborative practice or solicitor negotiation, rather than involving the Courts in the decision process. [add in about how an order is made] In every case, the following factors to be considered, such as:
- The financial needs and resources of each spouse, including earning capacity
- The needs and wellbeing of any children
- The standard of living enjoyed by the family during the marriage
- The age of each party and the duration of the marriage
- Any physical or mental disability of either party
- The contributions to the welfare of the family, which each of the party has made/is likely to make in the foreseeable future. This can include any contribution from financial to looking after the family home and the children.
The role of divorce solicitors
Dividing assets and making decisions about the family home can be complex, emotionally charged and legally intricate. Divorce or Family Law Solicitors can explain your rights and options clearly and help you negotiate a fair settlement and ensure clarity and peace of mind with legally binding documents.
In short, having a solicitor’s support not only ensures that the legal process is handled correctly but also provides reassurance that your voice is heard and your interests are protected.
To benefit from the expertise of Family Law Solicitors, get in touch with Batt Broadbent today.