How are properties treated by the courts on divorce?

What happens to property in divorce?

Property is often at the heart of financial disputes during divorce - especially the family home. Whether you’re deciding who stays, who sells, or how to divide multiple properties, understanding how UK courts approach property division is essential. From jointly owned homes to investment flats and inherited estates, each type of property is treated differently depending on its origin, use, and value. This guide explains how property is assessed, valued, and divided in divorce, and what steps you can take to protect your interests.

Is Property a Matrimonial Asset?

Matrimonial property is that built up by the parties during the marriage period (generally from the date of cohabitation – insofar as that cohabitation led seamlessly to marriage – until the date of separation). The starting point is that this is to be divided equally.

It is distinct from ‘non-matrimonial’ and/or ‘pre-marital’ property, which is property either brought into the marriage by a spouse, having been owned prior to the relationship, or acquired unilaterally (such as by way of gift, or inheritance), which is to be kept separate. However, the marital home is generally an exception to this.

Additionally, during the course of a marriage, a pre-marital property may become ‘matrimonialised’ and subsequently open to consideration for division within the proceedings. This is often the case where a property was occupied as the family home for a period of time.

Even where property is non-matrimonial, it may have to be ‘invaded’ if a party’s share of the matrimonial assets is not sufficient to meet their needs. At the conclusion of financial proceedings, the court has the power to order a sale of a property, and/or the transfer of a property.

Types of Property in Divorce

• Family Home: Usually the central focus of property division. Courts aim to ensure housing for children and the primary caregiver.
• Investment Properties: Buy-to-let or second homes may be sold or retained depending on the overall settlement.
• Overseas Property: Subject to disclosure and valuation, even if located outside the UK.
• Inherited or Pre-Marital Property: May be considered non-matrimonial, but can be included if needed to meet needs or if it was used for the family.

How Is Property Divided?

The court has wide discretion and will consider:

• The needs of any children
• The financial needs and resources of each party
• The length of the marriage
• Contributions (financial and non-financial)
• The standard of living during the marriage

Common outcomes include:

• Transfer of ownership to one party
• Sale of the property and division of proceeds
• Deferred sale (Mesher or Martin orders) until children reach adulthood

FAQs: Property and Divorce

Q: Who gets the house in a divorce?

A: It depends on the circumstances. The court prioritises the needs of children and may award the home to the primary caregiver.

Q: Can I keep a property I owned before marriage?

A: Possibly. Pre-marital property may be excluded unless it was used for the family or needed to meet needs.

Q: What if the house is in my spouse’s name?

A: You may still have a claim if you contributed financially or the property was used as the family home.

Q: Do we have to sell the house?

A: Not always. One party may buy out the other’s share, or the sale may be deferred until a future date.

Need Help with Property Division in Divorce?

At Vardags, we specialise in high-value and complex divorce cases involving multiple properties, trusts, and international assets. Our expert team can help you protect your interests and secure a fair outcome. Book your free consultation with one of our leading divorce solicitors today.

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