Our divorce and property solicitors can help with:
- Family homes
- Second homes and holiday homes
- Investment properties
- Property portfolios
We can also advise on all other aspects of divorce and separation including dealing with property in separations for unmarried couples.
Why choose Brethertons for divorce and property division?
- Our expertise is independently recognised with Band 1 ranking in Family/Matrimonial Law by Chambers & Partners and Tier 1 ranking for Family Law from the Legal 500
- We are accredited by the Law Society for Family Law and Family Law Advanced
- Our experts work with a wide range of clients, including those with significant property portfolios and particularly challenging issues to resolve
- We can help clients across England and Wales over the phone, via email and videoconferencing, as well as face-to-face where appropriate
- Our advice is straightforward and jargon-free, so you will have all of the information you need to make the right choices for your divorce
Divorce and property division FAQs
What happens to property during a divorce?
A property is treated no different to any other assets in divorce, as long as it is considered part of the marital assets. This means the value of the property must be considered as part of the division of assets.
Whether a property is considered part of the marital assets will depend on the circumstances, including if one spouse owned the property before the marriage.
Exactly what happens to a property in divorce can be decided amicably with a divorce property settlement or in court following an application for a financial order.
How is property split in a divorce?
Splitting property in divorce can be relatively simple or much more challenging depending on the circumstances. There are various approaches you can use, including:
- Selling the property and splitting the proceeds
- One spouse keeping the property (often in exchange for giving up a share of other assets)
- Keeping the property in both spouse’s names with one spouse staying in the property on the understanding that the property will be sold at a future point (e.g. when any children leave home)
One thing to understand when it comes to divorce and the division of property is that you will not necessarily be entitled to a 50:50 split of the property’s value. While this is the default starting point under the law, your exact entitlement will depend on the situation.
You can find out more about how the division of assets in divorce works on our page on financial arrangements in divorce.
Who gets the house in a divorce with children?
Having children does not affect your divorce rights to property, but it is important to understand that, in the eyes of the law, children’s best interests always come first.
You should therefore consider what would be best for your children when dividing property in a divorce. In many cases, this means one parent staying in the family home with the children, but this is not always the case.
How can I avoid losing my house in divorce?
If you are keen to keep your house in a divorce, then you should first establish whether it is likely to be considered a marital asset or not. If it is, then you will need to include the property in a divorce settlement. You will then likely need to negotiate with your former partner to give them a greater share of other assets in exchange for you keeping the house.
How can you prove separate property in divorce?
If you believe a property should not be treated as a marital asset, you will need strong evidence to back this up. This might include being able to show that you owned the property prior to the marriage and that your spouse made no contribution towards it.
However, it is not always straightforward to establish whether something is a marital asset or not, which is why expert advice on dividing property in a divorce is so essential.
Can you sell a property before divorce?
While you can theoretically sell a property before divorce, you need to be extremely careful about doing so. The property will still be considered as part of your assets and you would need to be able to show that you received fair market value for it.
If a court were to consider that you had sold the property for less than it was truly worth, you could be required to make up the difference when it comes to calculating the division of assets.
You should always get legal advice if you are considering selling property before your divorce settlement in the UK.
What happens if you transfer ownership of a property during divorce?
You should be extremely careful about transferring ownership of property during divorce. If the property is considered part of your marital assets, then you can not do anything to dispose of the asset – its value would usually still be considered as part of the division of assets, even if the property is no longer in your name.
A transfer of property ownership after a divorce is finalised would not normally be an issue, as long as you have a Clean Break Order from a court cutting the financial link between you and your former spouse. If you do not have such an order, your ex-spouse could still potentially make a claim against your assets, including any that you have transferred to other people.
Will a property you buy during a separation be included in your divorce settlement?
Until the division of assets is finalised and you have a Clean Break Order, any property you buy will generally be considered part of your assets for the purposes of the division of finances. This means that you must consider this in relation to any property acquired after a separation but before a divorce in the UK.
What happens to the mortgage in divorce?
If a couple divorce, they have several options with regard to the mortgage. Firstly, they can simply sell the house to pay off the mortgage or pay it off using other assets they have available. Secondly, if one spouse will continue living in the property, the mortgage can potentially be transferred into their sole name (with the lender’s approval). Alternatively, a spouse staying in the property could apply for a new mortgage in their sole name to pay off the old mortgage.
One other option is to keep the mortgage in both parties’ names, with one spouse staying in the property and the other moving out. This may be a more suitable option in certain circumstances, such as where there are children who will be staying in the house. That said, there are risks to having this sort of ongoing financial connection to your former spouse, so you should always discuss this with an experienced family lawyer before agreeing to such an arrangement.
Can you get help from your ex-spouse to pay the mortgage on the family home?
You could potentially get ongoing financial support from your former spouse in the form of spousal maintenance to help with mortgage payments. Other options may also potentially be available, such as an agreement for your former spouse to make a one-off lump sum payment to reduce the mortgage balance.
Consult our divorce and property solicitors in Banbury, Bicester and Rugby
To speak to our experts today, please don’t hesitate to get in touch.
We have offices in Banbury, Bicester and Rugby, working with clients across Coventry and Warwickshire, the West Midlands, Oxfordshire and nationwide.
