Who Gets the House in a Divorce?

Divorces are an extremely emotionally harrowing experience which can break hearts and families alike. One of the main concerns associated when this civil partnership dissolves is the division of assets, especially a home. One party might retain the house due to emotional reasons, but it largely depends on individual cases. It’s important that a house isn’t looked at alone—it needs to be considered alongside pension provision and income.

What are your legal rights regarding your home during a divorce?

If you jointly own a property with your spouse, you will have complete rights over entering and occupying the space until a financial Order has been approved in court. As such, you can’t be forced to move away without an official court order or cases where there is an allegation of domestic violence.

Joint mortgage

If both you and your ex-spouse have your names on the mortgage, both of you need to continue paying it. You don’t have to necessarily pay half of the entire cost—the amount is open to discussion. In a joint mortgage, both of you will be jointly liable regarding repayments, so if one of you doesn’t pay up, the other has to take responsibility.

To ensure that the other party doesn’t default on their share of mortgage payments, you should discuss the details during the separation, especially if you’re planning on obtaining a sole mortgage in the future.

House in the spouse’s name

If the house is officially owned solely in your partner’s name, you’ll need to contact Land Registry and get your home rights registered. This relatively simple exercise will ensure that the property isn’t sold without you knowing about it.

There isn’t any single approach to the division of a family home in the event of a divorce. It’s best to get legal advice before you take any important steps.

Get in touch with expert divorce solicitors today!

Are you planning on getting a divorce, or are you currently going through one right now and are facing issues regarding your property? Top family law solicitors in Wembley from Wembley Solicitors can help you out. We handle each case with complete professionalism and compassion—you won’t lose out on what you rightfully deserve when under our care.

Whether you need divorce lawyers in the UK, immigration solicitors in Wembley, or child custody solicitors, we’ve got you covered.

You can call us at 020 3417 3700 or email us at info@wembleysolicitors.com to find out more details. Fill out an enquiry form to get qualified advice today!