James Riby writes for the This is Money reader’s question column on divorce and property
In a recent This is Money reader Q&A, James Riby, Family Partner, explains what happens to the family home during divorce.
The reader asks:
My wife and I have lived in our house for 18 years and have a 15-year-old son. Our relationship has broken down and we are getting a divorce. I’ve been staying at my brother’s house as it’s too tense at home. We purchased and own the house together. Will my wife automatically get it even though we both own it? What usually happens in situations like this and what are my options?
In this response, James outlines the below:
- No automatic entitlement: The spouse does not automatically get the house.
- Court considerations: Decisions are based on multiple factors, with the child’s welfare being the top priority.
- Matrimonial assets: Assets acquired during marriage (including the home) are usually divided equally unless a pre/post-nuptial agreement states otherwise.
- Non-matrimonial assets: Property owned before marriage or inherited may remain with the original owner, unless it became a shared matrimonial asset.
- Housing needs: Judges aim to ensure both parties can secure suitable homes, often requiring adjustments if one party cannot afford similar accommodation.
James stresses that every case is unique, and the court’s goal is fairness while prioritising the child’s needs.
Read the full piece in This is Money here.
