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Divorce: Who Keeps the House?

This depends on several different considerations, the most important of which is children.

If you have minor children living with you when you divorce, the court will not let you finish the divorce until it is satisfied that the arrangements for the children have been settled in the best way available for them. The fact that the marriage is over, and Mum and Dad will not be living together with the children any more, is quite enough for the children to cope with, without having to move from the home they know, and the school and the friends they know, as well.

If it is possible in practical terms for the children to continue to live in their home with one or other of their parents, that will probably be seen as the least damaging for them in the circumstances.

If the house is jointly owned by the parents, it may not be possible for the parent who leaves to have any capital out of the house until the children finish school. Depending on whether both parents are in paid employment, and how much the house is worth, and how much is secured on the house in a mortgage, we will try and find the most practical way to sort these problems out.

That may include one of you buying the share of the other, if the building society will agree, or an agreement that the house should be sold at a later date, when the children no longer need it as a home.

Every case is unique, and we will explore all the available options, and find the one that is best for you in your particular circumstances.

We are always willing to discuss each individual situation. Please phone Janet Hopkins or Alistair Dobson on 01858 445480 or James Haworth on 0116 212 1080 to arrange a free initial appointment.