Divorce: Who Gets the Family Home?
When couples face divorce, one of the most common questions is: “Who gets the family home?” In this video, Senior Associate Rebecca Alexander provides guidance on how decisions are made and what factors are considered.
Q&A: Divorce and The Family Home
What does “the family home” mean?
A family home is a dwelling where a family lives together, often meaning the primary residence for a married couple and their children.
What factors are taken into account when deciding who gets the family home?
Factors such as each person’s housing needs and, where relevant, the needs of any children, will be taken into account along with mortgage capacity and budget.
How can the family home be dealt with upon divorce?
Common options include selling the home and dividing the proceeds, one person keeping the home while the other receives a lump sum, or a deferred sale, for example, when children reach a certain age.
What happens if one person leaves the family home?
If the family home is jointly owned, legal ownership does not change if one person moves out. Both of you will keep equal rights to occupy the property unless a court order says otherwise. You also remain jointly responsible for the mortgage and any joint bills until a financial settlement is reached, even if only one person is living in the home.
Rebecca is a senior associate at Family Law in Partnership. She handles all aspects of private family law, including divorce, pre and post-nuptial agreements, financial settlements and children issues. Rebecca has experience of cases involving complex trust structures, substantial business interests and multi-jurisdictional elements. Legal 500 UK have named Rebecca as one of their Recommended Lawyers for family/matrimonial work for the last three years. Rebecca was also named as a Family Lawyer of the Year – Associate in the Citywealth Future Leaders Awards 2023.