Dividing the Family Home in Divorce or Separation Proceedings, Expert Lawyers in Yorkshire

Our team of family solicitors understand that one of the biggest concerns of those going through a divorce is what is likely to happen to their home. We recognise that a house can be much more than just an asset with a value, it is a home.

To be able to answer this question it is important to consider the value of the house, the outstanding mortgage and any other charges secured on the home and any other financial resources that are available to either spouse including savings, investments, other property and their income. Other relevant factors include whether there are any dependent children, the duration of the marriage, if either party is in a new cohabiting relationship and the standard of living during the marriage .

Any settlement will usually, as far as possible, seek to ensure that both parties are able to meet their housing needs going forwards as you and your spouse are both going to need somewhere to live. It may be possible to do this without the family home being sold but this may not be achievable or even desirable.

There are a number of different orders the court can make in relation to property, the most common are:

Order for Sale

Whether the property is owned by one spouse or by them jointly, the court has the authority to direct that the property is sold. The court can make orders about how it should be sold, for example, which estate agents should be used and how much it should be marketed for. The court will then determine how the proceeds of sale should be divided.

Property Adjustment Order

The court has the authority to order that the legal ownership of the property be transferred from one spouse to the other, or from joint names into the sole name of one spouse. This may, or may not, be accompanied by an order that the spouse keeping the property pays the other spouse a lump sum.

Postponing Sale of Home

The court could order that the property is sold, but not until a specified event happens. This is often linked with the needs of the children to ensure the parents are able to maintain a roof over their heads until they are no longer financially dependent. The court has to consider the welfare of any child of the family when deciding what should be done with the family home, so depending on other relevant factors, they may decide that a deferred sale is needed. In these circumstances both parties would retain an interest in the property until it is sold, but usually the court would give one spouse exclusive use of that house. In such circumstances the court would also have to make directions about how the mortgage and property maintenance is paid in the interim.

Whatever your circumstances our experienced team of solicitors will listen to you and advise you on what is likely to happen to your home within divorce proceedings helping you to achieve the best outcome for you.


Talk to our Specialist Divorce & Separation Solicitors

At Lupton Fawcett our family solicitors have helped many couples come to an amicable arrangement with regards to the family home and other property assets  on or after Divorce. We understand that addressing such matters can be a difficult and  we work hard to reach a satisfactory conclusion as swiftly as possible, without the need for the court where possible.

If you need some assistance or would like information on what your rights are, contact us today on 0333 230 1934, email us or fill in the enquiry form on this page and we will get back to you shortly.

Lupton Fawcett’s Family Law team are recognised for their expertise across Yorkshire with well-established offices of highly experienced solicitors in LeedsSheffield and York.

We provide a personalised service, with sector specialists and extensive resources to ensure we are giving you the best solutions to your problems.

Our Family Law Solicitors act regularly for clients across the United Kingdom including Bradford, Birmingham, Hull, Leeds, Liverpool, London, Manchester, Sheffield, York and Nottingham.  We can support your needs wherever you live in England, Wales & Northern Ireland.

Please either call the office or leave your details using the contact form at the top of this page.  We’ll be happy to help

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Frequently Asked Questions

Is the starting point for a split of finances 50:50?

Yes, the starting point is 50:50, however, this may be departed from as there may be issues to consider such as contributions to the marriage, pre-marital wealth and inheritance payments introduced into the marriage.

I do not think a split of our assets 50:50 is fair, can this be departing from?

The 50:50 split is a broad concept depending on the parties’ individual circumstances and is influenced by recent case law in addition to the statutory criteria. The starting point was set out in the famous case of White v White in 2001, however, there are often reasons to depart from this. One party may earn more than the other, they may be minor dependent children whose primary home is with one party, there may be issues such as inherited assets, premarital acquired wealth, contributions of such a nature which should be taken into account and a whole host of other factors. A 50:50 division of assets is not always appropriate.

What happens if we cannot agree on how to split our finances and the matter goes to court?

The court will impose a timetable setting out the steps the parties will need to comply with before the matter can be heard at a final hearing, unless an agreement is made by the parties prior to the final hearing. If necessary, the court will also direct independent valuations of those assets for which the parties cannot reach an agreed valuation for.

Do I have to pay for all of my costs in relation to a division of finances?

The court can, in appropriate cases, make an order requiring one party to make a financial contribution towards the legal expenses of the other party.

Get In Touch Today!

Get In Touch Today!

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