What happens to your home during a divorce? Are you in the throes of a looming divorce or heading towards an unfortunate separation? You are not alone, it is often estimated that around four in ten marriages in England and Wales end in divorce. For many couples and families, the biggest asset involved in your divorce is your family home. What happens to your home during a divorce? There is no one-fit-all-size solution as to what happens to your property during a divorce.
What happens to the marital abode is between your partner and you. All animosity aside, both of you will need to make a decision you agree on, with the possible help of a solicitor or mediator. This could be one party remaining in the home, one party buying the other out or basically to sell up. However, divorces are difficult times and emotions will run high. This can result in a lack of dialogue about how to remediate assets. In this instance a solicitor will step in to make sure the outcome is fair for both of you. If you have children under the age of 18, their welfare will be paramount in any legal proceedings decisions.
Can my ex-partner sell our house?
Can my ex-partner sell our home? An ex-partner cannot simply force you out of the home. If you own it jointly, you both usually have the right to live there until you agree otherwise or a court makes an order. If the home is in your ex-partner’s sole name, you can register ‘home rights’ to protect your right to stay while the divorce goes through. Even once a divorce has been granted, you are not automatically obliged to sell.
If there are children under the age of 18, the court will put their needs first, which often means the parent they mainly live with can stay in the home, at least until they are older. Nevertheless, regardless of your circumstances, ex-partners will be considered equal if there are no minors involved in selling the property. The court’s decision is usually deemed fair so that you can both benefit from any equity growth.
What happens to a joint mortgage property when you divorce?
Having an outstanding joint mortgage after a separation or divorce can prove difficult. While your divorce is still in progress the mortgage still needs to be paid, as you are both liable for that debt. This is regardless of who is living in your former home. Please be aware: arrears on your mortgage payments can damage the credit history of both marital parties.
Tip: If you are divorcing, advise your mortgage lender about your predicament. Even if you think you will not struggle with mortgage payments they will be able to record this on their files. Your lender may be able to offer support, such as temporarily reduced payments or a payment deferral, which can give you some financial breathing space (although interest usually still builds up).
Conclusion
There is a series of Quick Property Sale blogs relating to divorce and separating. Some links are included in this themed episode which, hopefully, will be of some help to you.