The family home is often the single biggest financial issue in a separation. What happens to it depends on a number of factors, including whether you are married or unmarried, whether there are children, your respective financial positions and what you can agree between yourselves.
The main options
- Sell and divide the proceeds, the most straightforward option, but not always practical if children are involved or the market is difficult
- One party buys the other out, requires the buying party to be able to afford to take on the mortgage alone
- Deferred sale, the property remains jointly owned for a period (often until children reach adulthood) before being sold
- Transfer to one party with no payment, sometimes appropriate where the other party has greater pension or other assets to offset
If you are married
For married couples, the family home will be considered as part of the overall financial settlement. The court will take into account all assets, the needs of any children and each party's financial position in determining a fair outcome.
If you are unmarried
Unmarried couples do not have the same automatic rights as married couples. Your rights depend on how the property is owned, sole or joint ownership, and whether there is a Declaration of Trust.
Frequently asked questions
Can I force the sale of a jointly owned property?
Yes, if you cannot agree, you can apply to the court for an order for sale under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) if unmarried, or as part of financial remedy proceedings if married.