The process of divorce is often an exceptionally stressful and unsettling experience for all parties involved.
For many people considering a divorce, a major concern is what will happen to the property they have shared together. In terms of the family home, the outcome of UK divorce cases will depend on the unique circumstances of each individual couple.
In this article, we look at how homes are divided during a divorce in the UK and the factors like children, length of marriage, and financial circumstances that impact court decisions and the possible outcomes.
Factors impacting who gets the house
When making a fair decision, the court will consider several factors. The prime consideration for the court is the housing needs of children involved. The court assesses what is best for them. For instance, one parent might need to continue to stay at home with younger children. If the house is sold, one parent may also require a larger share of the sale price to provide a home for the children.
The earning capacity, age and health of spouses are considered. In cases where one of the spouses is disabled, their housing provision is usually deemed more important. Available resources, assets and financial contributions are also considered. For instance, in cases where one spouse has contributed more to the mortgage or deposit than the other. The length of marriage may also be a factor.
Potential outcomes regarding who gets the house
There are several possible outcomes for who gets the house in divorce. An equal split is where the family home is divided equally between the spouses. One spouse may also buy out the other’s share, leaving them sole ownership of the family home. A divorced couple may also select to keep the house in both their names and retain joint ownership. The house may also be sold and the proceeds from the sale split between spouses. Finally, in some cases, the court might issue a Martin or Mesher Order that enables one of the spouses to remain in then home.
Do you need family law solicitors in North Wales?
At Bennett Smith, our expert family law team can assist you in all aspects of your divorce, including matters regarding your family home and who lives there after the process is complete. Contact us today for advice and additional information.