In this article, we take a look at who gets the house in a divorce, as well as the issues you may encounter.
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.
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.
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.
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.
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.
For more information on what happens to the house in a divorce call our divorce solicitors on 0845 862 5001 or email firstname.lastname@example.org.
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