Divorce house rights
What happens to the house in a divorce?
The family house (or the main family home if there is more than one) is regarded by the courts as being such a central feature of a marriage that even if it was owned by one party prior to the marriage or was received as a gift or inheritance by one party during the marriage, the value of it can still often be regarded as a 'marital' asset that each spouse has claims to upon divorce and it can therefore be shared equally.
This does depend, however, on the circumstances of each individual case, including whether there are children, whether there was a pre-nuptial agreement, the length of the marriage (as mentioned above), the length of time that the property was the family home, and whether there are other assets available to meet both spouses' housing needs.
Even if the court thinks it is fair that the value of the family house should be split equally following divorce, that does not always mean that the house needs to be sold and divided. There may be other assets from which to compensate the spouse who is not retaining the family home.
In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.
We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).
These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.
Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.
Get in touch
Our team of divorce law solicitors are on hand to help and support couples who are thinking about divorce. Speak to one of our experts confidentially by phoning Sarah on the number below, or complete our online enquiry form and we will contact you directly.
+44 20 7597 6384 Email Sarah