The matrimonial home in divorce

What happens to the matrimonial home in divorce?

The matrimonial or marital home is typically given unique status and will receive special treatment from the courts. Regardless of legal ownership, it will generally be shared equally.  

The primary concern of the courts will be any children of the marriage, and the aim is to ensure that any financial settlement reflects their needs and best interests. For example, the court may order the transfer of the property to the primary caregiver of the children or defer its sale until the youngest child turns 18. However, even if there are no children involved, the court’s initial starting point will still be an equal division of the property.

Is my spouse entitled to half the house if i bought it?

A common misconception is that if you bought the matrimonial home in your sole name prior to the relationship, or your financial contribution to the purchase of the property or to its mortgage was larger, that this will automatically be reflected in a financial settlement. This is not true. As per Section 25 of the Matrimonial Causes Act 1973 (and Civil Partnership Act 2004), the courts will consider the needs, such as housing needs, of both parties. In determining a financial settlement, ensuring that both parties have a roof over their heads will be an essential consideration.  

For parties who bought the matrimonial home prior to the marriage and believe it should not be subject to equal sharing, they will generally have to provide justification for a departure from this principle. For example, the court may ringfence the property if the marriage was relatively short with no children and there are sufficient assets to cover the needs of both parties without sharing it. 

Occupation of the family home may be regulated by an occupation order or by exercising ‘home rights’.  

If you are considering or going through a divorce and have concerns about what will happen to your family home, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.  

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