What happens to the home

If the property is in one name

The person whose name is not on the deeds still has rights. In a divorce, the court can transfer property from one person to the other regardless of whose name is on the title. What matters is the overall fairness of the settlement, not who technically owns the house.

If your name is not on the deeds, you have matrimonial home rights. This means you have the right to live in the family home and your spouse cannot evict you or sell the property without going to court. These rights exist automatically during the marriage, but they end when the final order - The document that legally ends your marriage. Previously called a decree absolute. You’re free to remarry once this is granted. (the decree that formally ends the marriage) is granted.

If you own the home jointly

There are two ways to own a property jointly in England and Wales: as joint tenants or as tenants in common. If you are joint tenants and one of you dies, the property automatically passes to the other person. If you are tenants in common, each person owns a defined share that can be left to anyone in their will.

During a divorce, it is usually sensible to sever the joint tenancy so you become tenants in common. This means if one of you dies during proceedings, the property does not automatically pass to the other. You do this using form SEV, which is free to file at the Land Registry.

Options for the family home

Sell and split the proceeds

The simplest option. You sell the property, pay off the mortgage, and divide what is left. The split does not have to be 50/50. It depends on the overall settlement including pensions, savings, and the needs of any children.

One person buys out the other

One person keeps the property and pays the other their share. This requires the person staying to be able to afford the mortgage alone, which means getting a new mortgage in their sole name.

Transfer to one person

The property is transferred to one person, with the other person receiving a larger share of other assets (like pensions or savings) to compensate. This is common when one parent needs to stay in the home for the children.

Mesher order (deferred sale)

A court order that lets one person stay in the property until a specific event triggers a sale. The most common trigger is the youngest child turning 18. Both parties retain an interest in the property and share the proceeds when it is eventually sold. This protects the children's housing stability.

Martin order

A rarer order that allows one person to live in the property until they remarry, move in with a new partner, or die. This is uncommon and usually only made when there is enough other wealth for the other person to rehouse themselves.

The deposit question

If a family member gave money towards the deposit, this becomes a discussion point. Was it a gift to both of you or just one? Was there anything in writing at the time? The answers matter.

In a short marriage (under five years), the court is more likely to treat the deposit as belonging to the person whose family provided it. In a long marriage, the deposit is more likely to have been absorbed into the shared matrimonial pot. There is no fixed rule. The court looks at the specific circumstances of each case.

Mortgage capacity

If one person wants to keep the property, they need to show they can afford the mortgage alone. This is a practical issue that often determines what is possible. Before you go into mediation - A process where an independent person helps you and the other party reach agreement without going to court. It’s voluntary, and anything said in mediation is confidential. or court, it is worth getting a mortgage in principle from a lender. This gives you a clear picture of what you can borrow and makes negotiations more realistic.

Bear in mind that if you are receiving child maintenance - Regular payments made by the parent who does not live with the child to help with the cost of bringing the child up. Usually arranged through the Child Maintenance Service. or spousal maintenance - Regular payments made by one ex-spouse to the other after divorce to help them meet their living costs. Can be for a set period or, in rare cases, for life., some lenders will count this as income. A mortgage broker who specialises in divorce situations can be helpful here.

If you rent

If the tenancy is in one person's name, the court can transfer it to the other person as part of the financial settlement. This applies to private tenancies, council tenancies, and housing association tenancies.

Council and housing association tenancies have specific rules. If you have a secure tenancy and need to transfer it, the court makes the order and the landlord must comply. For private tenancies, the landlord's agreement may be needed, or the court can order the transfer. If you are in social housing and concerned about losing your tenancy, get advice from Citizens Advice - A national charity offering free, confidential advice on legal, financial, and other problems. They have local offices across England and Wales. or your local council's housing team before agreeing to anything.