Going through a divorce isn’t easy, and one of the difficult decisions you’ll have to make is what to do with your family home.
This can be tricky and it’s something you and your partner will need to come to an agreement about. If you’re unsure how to handle the division of your property, take a look at our guidance below.
Consider your unique circumstances
Everyone’s family is different, and there’s no one-size-fits-all approach to dividing property during divorce.
It’s essential to look at your family dynamics, understand what each of you needs going forward, and get to grips with your financial situation before making any decisions.
While you may not need to go to court to settle your divorce, it’s useful to know the types of things that would be considered when dividing property.
This includes the requirements of any children you have, your income, financial needs, your standard of living pre-divorce and the contribution each person made to the family, such as childcare.
Understand your options
There are several options to consider during the divorce process. If you own the family home, you could sell the property and move into two new places. The proceeds from the sale would be split according to your settlement.
If you don’t want to move, you could purchase your ex-partner’s share of the property by applying for a new mortgage and transferring the ownership to you.
Alternatively, you may agree that one of you will continue to live in the house until specific criteria are met, such as your children turning 18.
If you rent your property, what happens will depend on the type of tenancy agreement you have in place. If you have a joint tenancy, you may be able to end it and move out or remove your former spouse from the agreement.
Negotiate a settlement
During your divorce, you and your ex-spouse will need to come to an agreement about the family home.
This may be straightforward if you both agree on what’s best moving forward, or you may find that you disagree and want different things.
You can seek help to settle disagreements through mediation when needed. This involves having an open conversation with your ex-partner and a mediator to come up with an appropriate solution.
The benefit of mediation is that it can help you both to communicate more effectively while gaining impartial advice from a professional.
Get legal support
Divorce can be extremely stressful and emotional, and you may feel worried about getting the right outcome for you and your family.
This is why it can be so beneficial to get legal support from specialist divorce solicitors.
They can offer you guidance on dividing your property in a way that best suits your unique circumstances.
They’ll help you get the best financial settlement possible and can also assist with things like child arrangements, maintenance payments and splitting other assets.
You may be feeling overwhelmed, stressed or anxious at the thought of dividing your property, but remember that you’re not alone.
During this tricky time, reach out to family members and loved ones and seek professional advice from your legal team.
You may also benefit from joining a support group or arranging sessions with a counsellor to work through things.
You can find out more about getting a divorce on the government website.