The Matrimonial Home in Divorce

What Is the Matrimonial Home, and who gets it in divorce?

The matrimonial home is the property where a married couple lived together during the marriage. It holds special legal status in UK divorce proceedings, regardless of who legally owns it.

Courts treat the matrimonial home as a central asset in financial settlements, often prioritising its treatment to ensure fairness - especially where children are involved.

Ownership does not guarantee entitlement. Even if one spouse purchased the home or contributed more financially, the court may still order equal sharing or transfer of ownership based on need.

Read more on who gets the family home on divorce here.

Factors Courts Consider:

Courts assess:

• Presence of children and their primary caregiver
• Length of the marriage
• Financial contributions and needs
• Availability of other assets

In some cases, the sale of the home may be deferred until the youngest child turns 18, allowing stability for the primary caregiver.

Common Misconceptions

“I bought the house before marriage, so it’s mine.”

Not necessarily. If the home was used as the family residence, it may be considered matrimonial property.

“I paid more into the mortgage, so I get more.”

Courts focus on needs and fairness, not just financial input.

Short Marriages and Ringfencing

In shorter marriages with no children, the court may ringfence the home - especially if it was owned prior to marriage and other assets can meet both parties’ needs.

Occupation Rights and Orders

If one spouse needs to remain in the home temporarily, they may apply for:

• Occupation Orders under the Family Law Act 1996
• Home Rights Notices to protect their right to stay

Need Legal Advice?

Concerned about what will happen to your family home in divorce? Our expert solicitors can guide you through your options. We offer a free initial consultation to qualifying individuals.

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