WHO GETS THE FAMILY HOME AFTER A SEPARATION?

Megan Wroe, head of Graysons’ family department

When relationships break down, one of the biggest worries for couples is often the future of the family home.

For many people, the house is not only their most valuable financial asset, but also the place where children have grown up and family life has centred for years. It is therefore no surprise that family solicitors are frequently asked the same question during divorce or separation proceedings: who gets to keep the home?

According to Hathersage-based solicitors Graysons, there is rarely a straightforward answer.

The firm says many separating couples wrongly assume that ownership of the property or who paid the mortgage will automatically decide the outcome. In reality, the courts take a much broader view when deciding how assets should be divided.

Megan Wroe, head of Graysons’ family department, explained: “There is no standard formula or automatic split when it comes to the family home. Every family’s circumstances are different and the court will look at the bigger picture rather than simply whose name is on the deeds or who paid the mortgage.

“The law recognises that contributions made within a marriage or civil partnership are not purely financial. Caring for children and running the home are seen as equally important contributions.”

Even where a property was owned by one person before the marriage, or paid for largely by one partner, it may still be considered part of the matrimonial assets when financial settlements are negotiated.

The starting point is often an equal division of assets, but this does not always mean a 50/50 outcome. Instead, the courts focus heavily on future housing needs, particularly where children under the age of 18 are involved.

In some cases, one partner may buy out the other’s share of the property. In others, the home may need to be sold and the proceeds divided. Sometimes, arrangements are made for the parent with primary care of the children to remain in the property until the children reach adulthood or complete their education.

Graysons says it is always preferable for couples to reach an agreement themselves, either directly, through solicitors or with the help of mediation. However, where no agreement can be reached, the court can intervene and make a decision based on factors including income, earning capacity, financial resources and the welfare of any children.

Megan added: “It is important to seek independent legal advice as early as possible. Getting proper guidance early on can help people understand their options clearly and avoid serious financial difficulties developing later.”

For advice contact the family department at Graysons Solicitors in Hathersage on 01433 520008. Or email: info@graysons.co.uk