What Happens to the Family Home In a Divorce?
14/03/2025
Written by Adanna Ezechukwu
The family home is often the most significant asset in a divorce, and deciding what happens to it can be one of the most contentious issues. If you are going through a divorce or separation, you might be wondering:
who gets to stay in the house during the divorce?
will I have to sell the family home?
what if I have children — how does that affect that decision?
can I afford to keep the house?
At Access Law Legal Services, we specialise in affordable family law support, helping individuals navigate divorce and property disputes with expert guidance. In this article, we will break down everything you need to know about property division in divorce.
Who Gets to Stay in the House During the Divorce?
In the early stages of divorce, emotions run high and both spouses may want to remain in the family home. However, unless there is a court order or a risk of domestic abuse, both parties have a right to stay in the home. If you are worried about domestic abuse within the home, then you can apply for an Occupational Order, which temporarily decides who can stay in the home. The Court will consider factors such as:
Housing needs: the needs and resources of each party.
Financial resources: the means each party has financially
Likely effect on any order: the likely effect on each party if an order was/wasn’t made
Conduct of the parties: the way the parties have behaved - eg. allegations of domestic abuse.
If you are unsure about whether you should apply for an Occupational Order, at Access Law Legal Services, we can help you understand your legal position, provide support and help you explore solutions.
Will I Have to Sell the Family Home?
Selling the family home is a common outcome in divorce settlement, but it is not the only option. Whether the home needs to be sold depends on several factors:
Is the family home jointly owned? If parties were married at the time of purchasing the house, if they are both on the mortgage and deed, they both have rights to the property.
Can one spouse buy the other out? If one spouse can afford to pay the mortgage and buy the other’s share.
Are there children involved? The Court’s will look to prioritise the children’s wellbeing.
Financial feasibility: Can either spouse afford to keep the home on a single income?
How are Property ad Financial Settlements Decided?
The division of assets, including the family home is based on principles of fairness. In England and Wales, courts consider:
Each spouses financial needs
Contributions in the marriage, both financial and non-financial (such as childcare)
Future earning potential
Age and health of both parties
The Court’s aim to achieve a fair outcome rather than an equal split. For example, if one spouse is the primary caregiver of young children, they may be awarded a greater share of the home or assets to ensure housing stability.
Can I Keep the House If I Have Children?
If children are involved, the Courts prioritise their welfare and stability. It is common for the primary caregiver to stay on the home, especially if:
the children’s schooling and routines would be disrupted by a move
the other spouse can afford alternative housing
the primary caregiver cannot secure alternative accommodation elsewhere.
What If My Home is in My Spouse’s Name?
If the property is solely in your spouse’s name, you may still have rights to the home. If the property was acquired in marriage, then it would be considered as a matrimonial asset - despite whose name is on the deed.
How Can Access Law Help?
Dealing with property division in divorce can be stressful. At Access Law Legal Services, we offer affordable legal support to help you to understand your legal rights regarding your home. We believe that access to legal support should be affordable and straight-forward. If you need help navigating your divorce, do not hesitate to call us at 07440467635.