Can I keep the house in a Separation/Divorce?


When a marriage breakdowns there are many questions that get asked. One of the most common ones is who will get to keep the house?

Every case will be decided on its own facts, so it is very hard to say what will happen to the matrimonial home or other jointly owned property as there are no set rules, however one of the most important influencing factor will be whether you have any children under 18 at home.

At this troubled and anxious stage in life it is of the upmost importance that all parties are aware of the possible outcomes in such circumstances.

The three most common outcomes are:

  1. One party can buy the other out of the property by paying them a lump sum and having the house transferred to them. Ownership is totally separate from the mortgage so this would usually be on the basis that the new owner are also able to release the other party from any existing mortgage. This would mean the party getting ownership would normally have to renegotiate or re-apply for a mortgage as any existing mortgage would probably have been in both names. This needs investigating early to arrange alternative funding options if the existing mortgage provider is unable to renegotiate the terms of the mortgage in one name only.
  2. One party, the main childcare provider, can stay living in the house with the children until any (minor) children are over 18, at which point the house is sold and the money divided. The proceeds would be divided in accordance with any Court Order.
  3. Or finally, the house could be sold and the money be divided between the parties. How much each party  will get  or indeed  the level of lump sum payable by one party to the other, if there was one owner, will depend on the level of overall assets in the ‘matrimonial pot’.  Our expert solicitors can advise you on what assets should form part of the pot, and what percentage you should expect to receive

If you require advice about a Divorce/Separation  then give the Nayyars Team a call today on 0161 491 8520.

Harriet Miles



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