What happens to your home and other properties during a divorce?

Divorce often raises tough questions about what happens to the family home and any other properties you own, such as buy-to-let investments.

The law provides a framework for resolving these issues, but every case is unique, and understanding your options is essential for anyone involved in a divorce to make the best decisions available to them.

How property is divided in divorce

In England and Wales, the division of property is governed by the Matrimonial Causes Act 1973, which aims to achieve a fair settlement.

Fairness, however, does not always mean splitting everything 50/50.

Instead, the court considers various factors, including:

The welfare of any children
The financial needs and resources of both parties
The length of the marriage

These principles allow for flexibility, ensuring that the division reflects the specific circumstances of each couple.

The family home – Who stays, who goes?

The family home is often the largest and most emotionally charged asset in a divorce.

Ownership usually falls into one of two categories:

Joint tenants – Both parties own the property equally, and upon the death of one, the other automatically inherits the entire property.
Tenants in common – Each person owns a specific share, which doesn’t automatically pass to the other on death.

If you jointly own the home, it is typically assumed you each own half unless there is evidence to suggest otherwise.

However, if the property is solely in one person’s name, the other spouse may still have home rights under the Family Law Act 1996, giving them the right to live in the property until the divorce is finalised.

When deciding what happens to the home, several outcomes are possible:

Sell and divide the proceeds – This is often the simplest solution when neither party can afford to keep the property.
Transfer ownership – One spouse keeps the property by buying out the other’s share. This typically requires remortgaging, subject to lender approval.
Deferred sale (Mesher Order) – The property is not sold immediately but remains occupied by one spouse (often the primary caregiver) until a set event, like children finishing school.

The court prioritises the needs of any children, ensuring they have a stable place to live, but also considers the financial realities for both spouses.

What about buy-to-let properties?

Buy-to-let properties and other investments are treated as part of the overall marital assets.

The court will consider their value, any rental income, and how they contributed to the family’s finances.

If these properties are held in a company or trust, the court may investigate who truly benefits from them, which can add another layer of complexity.

Protecting your rights and securing a fair outcome

If you are going through a divorce, there are steps you can take to safeguard your interests when it comes to property:

Register your home rights – If the family home is in your spouse’s name, register your rights with the Land Registry to prevent a sale without your consent.
Understand your entitlements – Our expert solicitors can provide legal advice that will help you understand your position and negotiate an agreement that reflects your contributions and future needs.

The question of what happens to your home and other properties is one of the most important parts of any divorce settlement.

While it can be an emotional subject, we can offer you clear and practical advice that can help you work towards a resolution that provides stability for the future.

Contact us today for more information about how we can help you manage your property during a divorce

Stuart Daniel

Director – Head of Family Department

I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.

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