Many couples simply want to know who gets the house in a divorce. And it’s no wonder. After all, property is frequently the main cause of friction between a couple who are separating. And the situation can get very ugly.

Feelings often run very high over the family home. And it’s important to make the right decisions.

01 | Divorce is an emotional time for all

But this is easier said than done, with emotions so strong. If you can talk to your partner and agree over things like property you own jointly in an amicable matter, then that’s a good step forward.

An article in The Guardian newspaper looks at how couples handle divorce in modern relationships. This includes how many spouses are trying to avoid the “blame game” when they split-up these days.

Relationship experts Relate have also published some advice about how to manage separation and divorce, which can affect many areas of your life.

So, if you are going through a divorce or separation and can sit down and talk – and avoid going to court – it is probably much better.

02 | What happens when lawyers get involved?

When it comes to the family home, several things can happen when a couple go their separate ways.

While the common viewpoint is that the man will lose out and the ex-wife will gain the most, the actual legal situation can be different.

Calculating who gets the house in a divorce

One specialist UK law firm points out that there is no fixed formula for how to divide property.

Usually, negotiations will start around 50/50. Once lawyers are involved, however, solicitors for each side will try to calculate who should receive what when the divorce goes through.

It may be that your share ends up as less than an equal one, and the equation will certainly include the family home (or its equivalent value).

If your divorce is decided in court, the courts will look to divide up property in a way that reflects the personal financial situations of everyone involved.

Courts can impose a Financial Remedy Order. And they base their decisions on several factors.

These include:

• Any children aged under 18 in the marriage. Welfare of these youngsters is the court’s top priority
• Each spouse (or party’s) income, their potential future earnings, property and any other financial assets
• Finances and assets that each spouse contributed during the marriage

03 | What will happen to our family home?

Among the scenarios for a couple going through a divorce is that jointly owned property can go through a legal change.

Its title (ownership) can be transferred from the couple to one name only. This is common when one spouse chooses to buy the other out and keep the house or flat.

It is also a way of deciding affairs when young children are involved. It means the children can continue to live in the family home with one parent until they reach the age of 18, leave full-time education or decide themselves to move out.

Other alternatives include:

• Putting the house up for sale, and dividing the proceeds between the ex-couple
• You or your (ex) partner may put receiving the balance of funds until the property is sold, the children move out, or the partner remarries. Lawyers call this a Mesher Order. Here is more information on this.
• There are also Martin Orders, imposed by courts. This is where the court defers the sale of the house, and where one partner can occupy the property for life or until remarriage. Usually, this happens when there are no children involved in the divorce.

04 | Protecting your divorce house rights

It’s important to look after yourself and protect your rights to any property you own or own jointly with your partner if you are going through a divorce.

This is even more vital if things have gone sour and you are finding it difficult to deal with your ex-partner.

Register your interest straight away to make sure the property won’t be sold or re-mortgaged without you first being informed.

If the family home is in both your names, consider changing the way it is owned. You can still own the house between you. But it makes sense to stop your ex-partner from automatically inheriting your share of the property if you died before the divorce or finalisation of the dissolution (or the other way around).

If your property is registered in England or Wales at the Land Registry, protect your position by checking with the Land Registry. Use a “matrimonial home rights notice” or “home rights notice”.

More information is available at the Money Advice Service, a free and impartial service.

05 | Selling your house before or after divorce

It may make sense to sell your home quickly during a divorce or separation so both of you can move on with your lives.

A sale that drags on for months could add extra stress at a time of high emotion. If you are on good terms with your spouse, you can try to sell the home before the divorce is rubber-stamped.

You can find out a great deal more in our ultimate guide to selling a property due to divorce.

In summary

Working out who will get the house in a divorce can be a complex issue. Whilst employing the services of solicitors will almost always be necessary it’s best to try and reach an amicable agreement first. This will help save both time and a good deal of anxiety.

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06 | Frequently asked questions

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Going through a divorce is an experience everyone wishes to avoid. However, many couples experience the pain of separating from or divorcing their partners during their lifetimes. And it’s at times like this that it really does pay to know your property rights.

One of the questions most commonly asked by spouses during a divorce is:

“Will I get to keep our house?” Or: “Who gets to stay in our house legally after the divorce?”

Separation and divorce are an unhappy time that can provoke much bitterness. When you are experiencing a divorce, property is often at the front of your mind. But there is lots more to think about as well.

In this blog, we look at property ownership rights for couples and individual spouses when a divorce is happening. We also deal with how to protect your property rights at such a time.

01 | What are my home ownership property rights?

The law entitles homeowners to certain rights when they buy property, or if they decide to split up.

See if you can talk to your partner civilly and agree what happens to your home after you divorce. Doing this is always a good step.

However, very often people get angry and emotions run high at this time. Therefore, you may need to take steps to protect your own property rights.

The first step is to establish who legally owns your house or flat. And then look at the arrangements for who will live where during the separation and divorce.

Lawyers use the term “matrimonial home” for your family home. This could mean property rented by a couple when they were together, or the family house that couples are jointly paying the mortgage on.

02 | Who owns my home legally?

If you think there will be a dispute over who owns your home during the divorce, you need to act. If you don’t do this, important decisions can be made without your influence.

Look for a legal document called the Title Deeds. If your name is on this document, it means you own the house, either in full or part.

There are a variety of ways in which your home could be owned. On the Title Deeds it could be owned by one of the spouses. It would be in your name, or the name of your partner.

The property may be jointly owned instead. This means the house or flat is owned by both of you. Alternatively, your house could be owned by a family member or someone else.

Find out if the family home (“matrimonial home”) is owned by your spouse/partner in his or her name alone. If that is the case, try to register your interest in the house to protect yourself. You will also need the property’s title number.

The process for this does vary across the UK, and advice on following this process in England and Wales is available here.

Approach HM Land Registry to see if your property is registered there. You need to protect your position with a ‘matrimonial home rights notice’. Alternatively, you should use a ‘home rights notice’.

03 | Protecting your property rights to the family home

Check to see if the property is registered with the HM Land Registry. You can do this by visiting this website and downloading or printing off form ‘HR1’.

This is an “application for registration of a notice of home rights”.  However, if your property is not registered at the Land Registry, then the process is different.

In this case, go to the Land Registry and apply for a ‘Class F Land Charge’. The fee for this is £1. More details and the form itself is available on the government’s website, to use this click here.

Make sure you register your interest by using the right process, as above. If you don’t do this, your partner could sell the property you own jointly. Or they could re-mortgage without you knowing about it.

04 | Staying in the family home after a divorce

Once your matrimonial home rights are registered, you can usually stay in the family home until a certain date. Or a stage in the divorce legal proceedings.

The common belief is that one partner must leave the family home during separation or divorce. In fact, both partners can remain in the matrimonial home until their divorce goes through. Or unless a court order dictates otherwise.

However, emotions almost always run high during separation and divorce. For that reason, one spouse often moves out to cool the atmosphere.

Legal matters during divorce can be complex and sensitive. It is best to find a good family lawyer who will act in your interests and those of your family at this difficult time.

Due to divorce it can be in both partners’ interests to sell the family home, so each can move on with their lives.

You might think about selling your house quickly for cash, which avoids property chains. Selling this way also avoids a long wait by making a traditional sale using an estate agent. Here you can find a complete guide to what happens to your house when you divorce.

In summary

Divorce can be a complex matter and so it pays to really understand your position. By taking the time to ensure you know your property rights during divorce you will be better equipped. This will help when making important decisions that will ultimately influence any outcome regarding your property.

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