When it comes to dividing the family home in a divorce, the process can be tough, and knowing where you stand legally is really important. In England and Wales, decisions about the family home are often decided by the courts when an agreement between both parties can’t be reached.
At Moloney Family Law, we are here to help make sense of your options and guide you through each step. We have produced an overview of how the division of the family home can work.
Key Factors Courts Consider
Matrimonial Home Rights
Even if only one party’s name is on the title, both have a legal right to live in the family home until a final decision is made.
Children’s Welfare
The wellbeing of any child/children involved is a top priority. This can mean that the parent caring for the children may be allowed to stay in the home.
Financial Needs
The court looks at each spouse’s financial situation, including earning potential and any non-financial contributions, like raising children.
Possible Outcomes
- Selling the home and splitting the proceeds.
- One spouse buys out the other’s share of the home.
- Mesher Orders, where one parent stays in the home until the children are grown.
Can We Reach an Agreement Without Court?
Mediation is often a less stressful and more cost efficient way to deal with property division. Once an agreement is reached, it can be made legally binding through a Consent Order. You will need the help of a solicitor to help draft a Consent Order for you.
What About Unmarried Couples?
If you are not married, it is more complicated. The division of property largely depends on legal ownership and contributions, but at Moloney Family Law we can explain your rights and help you with the process.
Please contact Tracey to get advice on the next steps Tracey@moloneyfamilylaw.com
