Who Gets the House in a Divorce With Children?

September 11, 2024

If you are going through a divorce involving children, their welfare and safety will be your main priority.

In some circumstances, it can be challenging to determine who gets the house in a divorce, especially if both parties are sharing residency (custody) arrangements.

There are a range of factors to take into consideration, including your financial situation, property ownership, and child arrangements.

In this article, we discuss some of the common questions concerning who gets the house in a separation with children.

While we hope this will be helpful, it should not be taken as legal advice. If you need any further support, our family law solicitors will be happy to support you further.

To speak to one of our experts, please contact us today by calling 0800 1584147, emailing info@tayntons.co.uk or requesting a call back.

How is the family home usually divided in a divorce when children are involved?

When deciding what will happen to a family home, the needs of the children will be considered first. Courts will often prioritise providing stability for the children, which may influence who stays in the family home.

This may mean the parent who will be the children’s primary residency may be favoured to keep the home as this will ensure continuity for the children.

This does not mean, however, that this parent who does not have primary residency will lose their share in the home. It may be sold when the children get older and the proceeds split, or they may be compensated by way of other assets.

Does it matter who bought the home or paid the mortgage?

In UK divorce law, it generally doesn’t matter who bought the home or who paid the mortgage. The family home is usually considered a marital asset, meaning it belongs to both parties, regardless of whose name is on the title or who contributed more financially.

The court’s primary concern is to ensure a fair division that considers the needs of both parties, particularly the welfare of any children involved. Contributions, both financial and non-financial (like child-rearing and home maintenance), are typically taken into account when deciding how to divide the property.

Can the house be sold during the divorce process if children are living there?

If the children are living in the property, selling the house will generally be avoided where it is financially possible to keep it.

However, it may be made subject to a Mesher Order, which may mean the house could be sold once the children reach a certain age. After this, the proceeds will be divided according to the court order.

Alternatively, the property may be transferred into one party’s name, and the other spouse may receive a percentage when it is sold.

It is also important to consider the mortgage if you have one; it is common for one party to want to be released from the mortgage if they are no longer living in the property.

However, the other party may be unable to pay the mortgage on their own, in which case spousal maintenance or other financial arrangements may need to be made.

If it is not financially viable to keep the property, it may be sold.

Can we agree on what happens to the house without going to court?

In many cases, it is possible for financial and child arrangements to be made out of court.

Solicitors generally favour this approach as it is more time and cost-effective, and aims to protect the welfare of the children involved by avoiding potentially long and acrimonious proceedings.

Many family law solicitors will use Alternative Dispute Resolution to help divorcing parties reach an agreement, this may involve methods such as mediation, negotiation or arbitration.

Mediation is where both parties sit down with a neutral third-party mediator who facilitates a discussion in order to help both parties reach an agreement.

Negotiation is where both you and your spouse’s solicitors will reach an agreement on your behalf.

Negotiation involves both parties’ solicitors discussing how to reach a mutually acceptable agreement on how to divide property and assets fairly.

If you and your ex-partner agree on how to divide your property, you can apply for a consent order to make it legally binding.

Get in touch with our family law solicitors

Looking for legal advice and support with child arrangements in Gloucester, Cheltenham, the Forest of Dean or anywhere in Gloucestershire?

Please contact our family law solicitors today by calling 0800 1584147, emailing info@tayntons.co.uk or requesting a call back.