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Read more articles in: Blog, Elaine Collins, Family Law
14 October 2026
A family home is often one of the largest assets that a couple will own together. This often leads to some questions during a divorce as to who will keep the home.
It is not possible to have a definite answer, as it will depend on your individual circumstances.
Before any decisions are made surrounding the family home, understanding the ownership structure can help individuals to make informed decisions throughout the process.
The most common form of home ownership between married couples is as joint tenants. This means that both parties own the property together.
If the property is sold, joint tenants would ordinarily be entitled to equal shares of the proceeds.
However, during divorce proceedings, the court has wide discretion when determining how assets should be divided and is not bound by the property’s legal ownership structure.
Where a property is owned as tenants in common, each person owns a defined share of the property.
While these shares may be relevant, the court is not required to divide the property strictly in accordance with those ownership interests when reaching a financial divorce settlement.
However, in divorce proceedings, ownership alone does not necessarily determine the outcome.
If there are children involved, the split of a home can be quite different to if there are not. When a financial settlement is being determined, the needs and welfare of dependent children will be considered by the court.
The courts will then look at a variety of factors to determine who gets the family home, these include:
This is done to ascertain a fair outcome that will meet the needs of both parties, where it is possible to do so.
Often, the simplest solution is to sell the family home and divide the proceeds between both parties, or for one party to ‘buy out’ the other person.
A sale of the home is most appropriate if neither spouse can afford to continue living in the family home independently or if both parties need money to purchase a new home.
If one party wants to, and has the means to, they may be able to buy the remaining shares of the home and own the family home on their own.
Typically, the home will be transferred into the other party’s name, and the mortgage will be transferred into a single name.
If children are involved, the process may look slightly different. The court could decide that the child(ren) and the primary carer should stay in the family home. In this instance, a Mesher Order may be used. A Mesher Order allows the sale of a home to be delayed until a specific event occurs.
Often, the event is the oldest child turning 18 years old or finishing their time in education. Once the milestone has been reached, the proceeds of the sale will be split according to the terms of the order.
While there is no automatic rule about who will keep the family home in a divorce, our team are here to ensure that fair outcomes are reached for all involved, including children.
We can offer advice to single clients seeking contested divorce proceedings or joint clients who are utilising our Resolution Together service to reach an amicable divorce on matters regarding the family home in divorce.
For support regarding the family home in divorce, get in touch with our team.
