When couples separate, it’s natural to start looking to the future and considering how your assets will be divided. One of the first questions our clients ask is: “who gets the house in a Divorce?”

There seems to be a myth that when a couple Divorce the wife will take all of the assets and leave their spouse with nothing. This just isn’t the case. The Courts do not favour women. In law, both parties are entitled to 50/50 as a starting point. The sex of each party makes no difference whatsoever.

How does the Court decide how assets are divided?

The first thing to address is that it’s not always necessary for the Court to step in and decide how a couple’s assets will be split. Couples have the right to come to an amicable agreement between themselves and set out the terms of their Divorce.

It may be decided that the house will be sold with each party taking a 50% share of the equity. Alternatively, it may agreed that one party will remain in the property with a financial sum given to the other party to ‘buy them out’. There is no one size fits all approach to dividing assets and deciding who gets the house in a Divorce. The Family Court will only be involved if a couple can’t reach an agreement.

If this is the case, an application will be made to the Family Court. A judge will then decide how the assets are split. For the decision to be made, the Court will look at what assets are available within the marriage – such as property, savings, and pensions. And then they will consider the needs of both parties – this includes income needs and housing needs.

So, back to the question – who gets the house in a Divorce?

The short answer is – it depends! When assessing each parties housing needs, the Court will consider numerous factors.

𝐇𝐞𝐫𝐞 𝐚𝐫𝐞 𝐬𝐨𝐦𝐞 𝐞𝐱𝐚𝐦𝐩𝐥𝐞𝐬 𝐨𝐟 𝐰𝐡𝐚𝐭 𝐦𝐚𝐲 𝐛𝐞 𝐜𝐨𝐧𝐬𝐢𝐝𝐞𝐫𝐞𝐝:

– If one party had a medical condition or disability that prevented them from working, they may require help with their income needs or be awarded a larger share of the property to ensure their needs are met.

– If there are any dependent children involved, the Court will always ensure the children are adequately housed. Although everything is considered on a case by case basis, the Courts often try to keep the children’s routine and home life as normal as possible, which may mean the parent who acts as their main carer is favoured to stay in the home. This doesn’t mean the other party won’t receive a financial share of the property, it simply means that if both parties wish to stay in the property, the Courts will consider the children’s needs when making the decision.

What are my legal rights?

In the eyes of the law both parties have ‘Home Rights’ which provide them with the right to have a family home regardless of who owns the property, or whether or not you are named on the mortgage. Although it is common for one party to leave the marital home in Divorce, this is not a legal necessity. Until a Financial Settlement is made during the Divorce process, both parties will continue to have ‘Home Rights’

What should I do next?

If you are going through a Divorce and are struggling to reach an agreement with your ex surrounding your assets or property, you should contact a Specialist Family Law Solicitor who will help you to navigate through the process. You can reach out to our team via our online contact form, or contact the office directly on 0161 402 0213.