Divorce often involves complicated emotional, financial, and legal processes.
All three of these aspects come together in property issues around separations.
And one of the main questions people have is whether or not their ex-partner is entitled to half of their house.
Let’s take a closer look at this question.
Property and divorces
There are no hard and fast rules related to property following a divorce.
For example, neither partner can be forced to sell a property until the courts have reached a decision.
And nobody can be forced to move out of the family home.
This all applies regardless of who contributed more money to the family home, whether it’s a mutual or contested divorce, etc.
A court order ultimately dictates what happens to a property and when – nothing should be done until it is finalised.
Understanding divorce splitting assets
While divorce is a difficult time, some couples can amicably agree on the best way to divide family assets, including property.
Solicitors and mediation can help many couples decide on what to do with the family home. This could lead to several outcomes, including:
- One party remaining in the property
- One spouse buying the other out (once the buyout has been properly calculated)
- The property being sold and its value divided between a couple
However, few families are fortunate enough to experience smooth divorce proceedings.
With emotions and money involved, a lack of communication or agreement about assets can cause serious rifts.
Illegal or unethical behaviour might occur. For example, some partners may try to pressure their ex into selling a jointly owned home or even change the locks on a property before a court order.
To avoid these kind of problems, many couples seek the help of legal professionals to ensure that any financial settlements are fair.
Children are priority
The law’s position is: If you and your spouse share children under 18, their welfare is paramount in legal proceedings.
Solicitors and the courts will disregard both parties’ wishes until the children’s needs have been met.
Early on, for example, the courts will decide the best housing situation for any dependents.
Usually, if the children are settled in education, legal professionals will rarely want to disrupt their lives even more.
In the majority of cases, it will be ordered that one parent and the children must remain in the family home.
What is my ex entitled to?
Even once a divorce has been granted, it is rare that anyone is obligated to sell, and there are no set rules that all assets will be split straight down the middle.
No party in a divorce is entitled to 50% of all assets, including the family home.
Joint mortgages and divorce
Joint mortgages are a popular choice for couples buying a property together.
It means your names are both on the mortgage documents, meaning you are equally responsible for repayments against your home.
Most couples will have an outstanding joint mortgage when they are divorcing.
Regardless of who is or isn’t living in the property, during this time, you are both liable for the debt, and the mortgage will need to be paid as usual.
Not paying your mortgage can damage the credit history of both individuals and result in repossession if the case were to go to court.
However, if your ex is refusing to contribute to the mortgage or you are struggling to make payments, contact your mortgage lender immediately.
If you are honest and contact them immediately, most companies will sympathise with your situation.
Many will arrange a new mortgage payment or mortgage holiday or give you some breathing space while you tackle the problem.
Joint owner options during divorce
Although it may seem stark, most couples have the following options with a joint tenancy property during a divorce:
- Sell up and move
- Keep the property and pay your mortgage
Selling your home during a divorce
Although nobody is obligated to sell the family home during a divorce, you and your ex-spouse may deem it the most suitable idea. Or perhaps you may be ordered to sell up by the courts.
Understanding the process of selling your house during divorce is the first step.
If you would like an easy, stress-free way to sell your house fast, consider using a cash house buyer instead of the traditional open market route.
Get in touch with We Buy Any Home today to discover how we can make selling your home during or after a divorce as stress-free and seamless as possible in as little as seven days.
