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Who gets the house in a divorce?

Moving out of your house before your divorce is finalised is something which needs serious consideration.  It is highly recommended that anyone facing the question of who gets the house in a divorce seeks expert legal advice.

In this article, we take a look at who gets the house in a divorce, as well as the issues you may encounter.


Consider what is right for you and your family

Leaving your house is, for many, one of the biggest and most significant steps throughout the whole divorce process. Often people are worried who gets the house in a divorce, and rightly so! Whether it’s due to the fact that tensions are running high with your spouse or you don’t want your arguments to impact your children, it’s important that you really think about whether moving out of your home is the right thing to do, as moving back in is often, emotionally at least, not an option.

Sometimes, it’s necessary for couples to live apart in order to get that breathing space which could give the negotiations surrounding the financial settlement the best chance of success. Other times, one party moving out serves to heighten tensions further.

Above all, deciding whether the time is right to leave your house is a very personal decision and it’s important to consider what is best for you and your family.


Can you afford to move out of your house in a divorce?

Affordability of living in separate accommodation to your spouse will be one of the most important issues that you will have to consider.

Running two households (and going through a divorce) can be expensive, as you have double the utility bills, double the council tax and, potentially, both mortgage and rent payments. Unfortunately, it’s not unusual for decisions of this nature to come down to money, rather than what would make both parties happier.

who gets the house in divorce


Can my spouse sell the house when I’m gone, before we get a divorce?

If your house is in joint names, your spouse can’t sell it without your permission.

If your house is not in joint names but you are occupying the house, the legal owner of the house will not be able to sell it free from your claims. Obviously, if you no longer reside in the house, it could be that you are no longer protected by this rule. As such, it’s important to make sure you have legal protection by registering your rights.


You could lose money on the sale value of your home

Selling your house is sometimes the only option if both parties are to get a fair financial settlement upon divorce. If you move out of the family home, you will not be there to check that the house is being kept in a good condition and is tidied before viewings, so that potential buyers who are viewing your house see it looking its best.


Are you planning on living with a new partner?

Deciding when or if to leave your house can be one of the most difficult decisions you will have to make during the divorce process. Speaking to an experienced divorce solicitor can help you to ensure that you are making your decision with all of the facts at hand.


Contact our expert divorce solicitors for a FREE consultation on what happens to your house in a divorce

For more information on what happens to the house in a divorce call our divorce solicitors on 0845 862 5001 or email

Our expert divorce solicitors offer a nationwide service. We have client meeting office facilities available, in order to have face-to-face client meetings / conferences as and when required in our:

Leeds Office: St Andrew House, The Headrow, Leeds, LS1 5JW

Sheffield Office: Pinfold Street, The Balance, Sheffield, S1 2GU

Manchester Office: King Street, Manchester, M2 4PD

Wakefield Office: Market Walk, Wakefield, WF1 1QR

Canary Wharf Office: 25 Canada Square, Canary Wharf, London, E14 5LB

London Office: 01 Nothumberland Avenue, Trafalgar Square, London, WC2N 5BW

Please contact us for more details of our offices.

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19th September 2019

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