What happens to your home during a divorce?

According to the Office for National Statistics in England and Wales it is estimated that 42% of marriages sadly end in a divorce.

For many couples and families, the biggest asset involved in a divorce is the family home and there is no one-fit-all-size solution as to how property is handled.

What happens to the marital property is between your partner and you. All animosity aside, both of you will need to make a decision, with the help of a solicitor, that you both agree on. This could be one of one party remaining in the home, one party buying the other out or basically to sell up. However, divorces are difficult times and emotions will run high, resulting in a lack of dialogue about how to remediate assets. In this instance a solicitor will step in to make sure the outcome is fair. With any children under the age of 18, their welfare will be paramount in any legal proceedings decisions.

Can my ex-partner sell our house?

Ex-partners can possibly try to force you out of the home and legally they are not allowed. Once a divorce is finalised you both have the legal the right to stay in the home. Even once a divorce has been granted, you are still not obligated to sell.

If one parent has vacated the property and there are children under the age of 18, most courts will grant the remaining parent the right to stay. Nevertheless, regardless of circumstances, ex-partners will be considered equal if there are no minors involved in selling the property. The court’s decision is usually deemed fair so that you can both benefit from any equity growth.

What happens to a joint mortgage when you divorce?

Having an outstanding joint mortgage after a separation or divorce can prove difficult. While your divorce is still in progress the mortgage still needs to be paid, regardless of who is or isn’t living in the home, as you are both liable for that debt. Please be aware: arrears on mortgage payments can damage the credit history of both marital parties.

Tip: If you are divorcing, advise your mortgage lender about your predicament. Even if you think you will not struggle with mortgage payments they will be able to record this on their files. Some lenders’ are able to you offer a ‘mortgage payment holiday’ which can give you some financial breathing space.


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