How Properties Are Divided in Divorce ===================================== How Are Properties Divided in a Divorce? ---------------------------------------- In a UK divorce, property division is based on fairness - not simply legal ownership. Whether a property is in one spouse's name, jointly owned, or held with a third party, the court will assess its relevance to the marriage and decide how it should be treated in the financial settlement. What Types of Property Can Be Divided? -------------------------------------- Property can be: - Solely owned by one spouse - Jointly owned (as joint tenants or tenants in common) - Co-owned with a third party If a third party has an interest in the property, they may need to be joined to the proceedings. [Matrimonial vs. Non-Matrimonial Property](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/what-is-the-difference-between-marital-and-non-marital-assets) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Broadly, to be considered for division within financial proceedings, a property - or interest in a property - must usually be 'matrimonial' in nature. Matrimonial assets are those built up by the parties during the marriage period (generally including the period of seamless cohabitation leading to marriage, until the date of separation). They are distinct from 'non-matrimonial' or 'pre-marital'assets, which are assets acquired before the marriage, after separation, or received as a gift or inheritance. These may be excluded - unless needed to meet the other party's needs. > ***Note: The exception to this is the [family home](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/the-matrimonial-home-in-divorce)**, which is considered separately and, in principle, shared equally between the parties regardless of legal ownership. If you are not a legal owner of your family home, you can apply to register your 'matrimonial home rights', which protect your right as the spouse of the legal owner to occupy the property pending conclusion of any financial proceedings.* > > *Occupation of the family home following separation can also be regulated, in some cases, by an occupation order.* Can a Non-Matrimonial Property Become Matrimonial? -------------------------------------------------- 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. It is also possible to acquire a beneficial interest in a property in some specific circumstances, even if you are not married, such as contributions to the purchase price (including mortgage repayments) and/or renovations undertaken to the property. How Do Courts Decide Property Division? --------------------------------------- Division of properties held by the parties to a marriage will depend on various factors. The court considers: - Whether the property is matrimonial - Each party's financial and non-financial contributions - The needs of both parties and any children - Whether the division achieves a fair outcome At the conclusion of financial proceedings, the court can order: - [Transfer of ownership](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/transfer-of-property-ownership-in-divorce) - Sale of the property - [Deferred sale](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/mesher-and-martin-orders) (e.g. via a Mesher order) **Vardags works exclusively with [high and ultra-high net worth clients](https://vardags.com/law-guide/the-ultimate-guide-to-high-net-worth-and-ultra-high-net-worth-divorces) at all stages of the divorce process. We can examine and challenge valuation reports, provide a critial review of the supporting evidence provided by experts during court proceedings, and tailor our approach to ensure a favourable outcome on a case-by-case basis.** **If you're considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") Frequently Asked Questions -------------------------- #### **Q: Is property always split 50/50 in divorce?** A: Not necessarily. The court aims for fairness, which may mean unequal division based on needs. #### **Q: Can I keep a property I owned before marriage?** A: Possibly. If it's non-matrimonial and not needed to meet the other party's needs, it may be excluded. #### **Q: What if the house is in my spouse's name?** A: You may still have rights if it was the family home or you contributed to it. About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) FREQUENTLY ASKED QUESTIONS -------------------------- Generally speaking, cohabitees do not have rights over each others' property. You may, however, have claim if you have contributed to the joint purchase of a house (even if it is your partner's sole name) or you have carried out substantial work on it. If you have relied on your partner's promises that they will look after you or house you, then you might also be able to claim. [FIND OUT MORE](https://vardags.com/faq/children-and-family/entitled-to-share-of-property-with-former-partner "How can I prove I am entitled to a share of the property now I've split up from my former partner?") Contrary to popular belief, there is no such thing as common law marriage and a former cohabitee has no automatic rights to a share in your property. Sometimes, however, a successful claim can arise under trust and property law. [FIND OUT MORE](https://vardags.com/faq/children-and-family/former-partner-claiming-share-of-property "My former partner is claiming to be entitled to a share of the property.") Legislation in England and Wales usually favours employers where there is a doubt as to whether an employee or their employer owns IP rights for the employees work. There are multiple statutory provisions which automatically give an employer the ownership of patents, copyright, database rights, unregistered designs and registered designs for works created by their employees in certain circumstances. If you are a consultant however, the rights to the product of the consultancy work will belong to you as the consultant unless there is an express contractual agreement to the contrary. [FIND OUT MORE](https://vardags.com/faq/commercial-civil-litigation/employer-retained-my-work "What can I do if my employer has retained property I have created?") The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you. What our clients say -------------------- Thanks to their tireless efforts, I walk away from this episode free to move on with both my career and my life in peace. Cliff Krause I cannot thank Gareth, Kate, Claire and all the team at Vardags enough for their excellent expertise and professional approach to my divorce case. They have helped me reach a successful conclusion to a process to which I could... see no end. The last three years have been the most traumatic of my life. Their calm and thorough approach and attention to detail reassured me that I was in the best capable hands.They gave me realistic expectations but yet exceeded them. They have definitely lived up to their name of being a top divorce and family law firm. S. Gasparini The Vardags Teams are incredible! Mariette Terrisse Hilborne Vardags provided excellent support to my case, which had a complicated international, cross-jurisdiction component. Within the team, Maria Fiorito was also excellent and very supportive, and was able to effectively liaise with... the Italian team of lawyers. I would recommend both Vardags and Maria Fiorito for your case. BR Brunello Rosa When choosing a Solicitor it was a very nervous and challenging time in my life however with Amie I hit the JACKPOT!! her work ethic and her keen eye for detail is second to none, the hours she must put in is unbelievable and her... knowledge about the law and how she really gets to know you and your case and what is needed is amazing. Matt Ballard I had the pleasure of working with Tatiana Amdur during a very challenging time in my life, and I cannot recommend her highly enough. From our first consultation, Tatiana displayed a remarkable blend of professionalism, empathy,... and expertise. She took the time to understand the intricacies of my case and provided clear, actionable advice that was always in my best interest. Alexandra Gutina OUR LEADERSHIP TEAM ------------------- [### Ayesha Vardag](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [### Stephen Bence](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [### David Lister](https://vardags.com/solicitors/london/david-lister "David Lister") [Founder & President](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [Senior Partner and Head of London Family - Divorce & Family](https://vardags.com/solicitors/london/david-lister "David Lister") [### Ayesha Vardag Founder & President](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family")"Ayesha Vardag - Britain's top divorce lawyer." The Telegraph [### Stephen Bence Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO")"Dr Stephen Bence is a financial genius." Lewis Marks KC [### David Lister Senior Partner and Head of London Family - Divorce & Family ](https://vardags.com/solicitors/london/david-lister "David Lister")"Brilliant with a real spark which clients love" Legal 500 [Meet the rest of the team](https://vardags.com/team) [Vardags climbs ranks of UK's biggest firms in The Lawyer's UK 200](https://vardags.com/posts/vardags-london-climbs-ranks-of-uks-biggest-firms-in-the-lawyers-uk-200)