Who gets the House in a Divorce?

Who gets the house in a divorce is a key question when you are separating from your husband or wife. You may want to keep the house for sentimental reasons or because you don’t want to disrupt your children. Maybe you can’t face the thought of a house move when you are going through the emotional turmoil of divorce proceedings and sorting out parenting and contact arrangements.

As a family law solicitor, I am often asked whether a husband or wife will get to keep the house in their divorce financial settlement. I understand how important it is that the question of who gets the house in a divorce is answered as honestly and as quickly as possible to help you plan for your future.

For divorce and family law advice call Angelique Holm on 0203 488 8620 or email
info@hopeholm.co.uk or visit our website Hopeholm Family Law.

Who gets the family home when a husband and wife divorce?

A family law solicitor can only give you their best advice on who is likely to end up with the house as their divorce financial settlement when they have enough information about the assets and your family.

Information is needed because, contrary to popular belief, the mother doesn’t always end up staying in the family home with the children. Even if the house is owned in the sole name of the husband or wife it doesn’t mean that the legal owner will keep the property. In divorce financial proceedings the court can order that the family home is sold and the equity divided (not necessarily split 50/50) or that the house is transferred to the other spouse. In some circumstances, the court can order a delayed sale. For example, the sale of the house could be delayed until the youngest child is 18 as the parent caring for the children can’t downsize until the children have finished their secondary education.

The court has wide discretion over what should happen to the house and other assets, such as the family business, savings and investments, and pensions. That’s why your divorce solicitor will want to know all about your assets as well as assets owned jointly and owned in the sole name of your husband or wife. The family home can’t be looked at in complete isolation from the other assets.

Will I have to sell the family home if I get divorced?

You may not have to sell the family home just because you are separating or getting divorced. A lot will depend on how much the house is worth, the size of the mortgage (the amount outstanding),and the monthly mortgage payments. If the outstanding mortgage is large the mortgage company may not be willing to transfer the mortgage into your sole name. The mortgage company will make a decision based on your income but some companies will also take into account spousal maintenance and child support payments when assessing mortgage affordability.

Financial advisors can help you with mortgage options and divorce. A mortgage broker may recommend a solution or remortgage that enables you to stay in the family home whilst your spouse is released from the mortgage.

If your husband or wife cannot be released from the mortgage this may mean they cannot take out another mortgage in their name. This could make it unlikely that they will agree to you keeping the house as they won’t be able to rehouse themselves until you are in a position to get the mortgage transferred into your sole name. There are various options to achieve a mortgage transfer, such as a parent standing as guarantor to the mortgage or a parent helping you out financially so your mortgage is reduced to a level that the mortgage company will accept that you can take the mortgage over based on your income.

Is it best to keep the family home if you get divorced?

Assumptions can be made about whether it is best to keep the house when you are getting divorced. Divorce solicitors recommend that you consider the extent of all the assets before you come to a fixed view about whether you want the house. That’s because there are situations where it may be best for you to sell up or to agree to the house being transferred to your husband or wife. For example:

Although a pension may have a similar value on paper to the amount of the equity in the family home the real value of the pension may be a lot more than the house equity if you had to invest the equity to produce a pension income. That may be particularly relevant to you if you plan to downsize to fund your retirement. You might be better off agreeing to the sale of the family home and to a split of the equity and a pension sharing order in respect of your spouse’s pension pot
You may be able to afford to take on the family home but at what cost to your lifestyle if, even with your salary, spousal maintenance, and child support, you will not be able to afford holidays or send the children to school trips and will have to cut back on everyday items
You want to stay at the family home because you think the children need continuity but will the children be heading off to university soon or moving to live with their partners? It is important to make housing decisions based on your needs. You may not want to stay in the house with its memories or have the upkeep associated with an older property
You may want to share the risk with your spouse of assets going up or down in value. For example, if the deal is that you can keep the house if your spouse keeps the family business (of similar value to the equity in the family home) then you won’t be able to renegotiate the divorce financial settlement later on if the house price falls (so your equity is reduced) and the value of the business increases substantially over the same period

Negotiating who gets the house in a divorce

You can ask the family court to decide who gets to keep the house and to make a financial court order dealing with the ownership of the property and all other assets, such as pensions or the family business. Divorce solicitors say that it is normally best to reach an agreement with your husband or wife by negotiation so you do not incur the expense of contested divorce financial settlement proceedings. Once you have reached an agreement you can ask the court to make an agreed financial consent order so you have the protection and security of a binding court order.

Divorce solicitors can help you negotiate who gets the house after a divorce through solicitor negotiations or through providing legal support whilst you are participating in family mediation sessions.

For advice on divorce proceedings and resolving family law disputes advice call Angelique Holm on 0203 488 8620 or email info@hopeholm.co.uk or visit our website Hopeholm Family Law.

Anita M

During one of the most difficult and overwhelmingly challenging time of my life, Angelique was the right kind of straight talking, to the point, and no nonsense, say it like it is kind of lawyer....the kind I needed in my corner. It was reassuring to have someone who understood what was fair and reasonable and fought for it with you. You will never need to follow up either via emails or calls. And she's just a call away anytime you need her. Can't recommend her enough.

Alan Samuel

I generally can not believe how stressful a divorce can actually be. But after years of anticipation I finally retained my life back thanks to the Hopeholm Family Law team, especially Angelique who guided me every step of the way through the mind field of processes and hoops to jump through - Thank you!

Rabil asad

I can’t thank Angelique enough for everything she’s done for me. From the very start she was calm, honest, and completely straight-forward — no sugar-coating, no false promises, just clear and realistic advice every step of the way. She guided me through one of the toughest times of my life with real professionalism and empathy. Angelique tells you things exactly as they are, but in a way that gives you confidence and direction. Her preparation, attention to detail, and dedication are second to none. Because of her guidance and hard work, I’ve now achieved a fair 50/50 outcome and peace of mind for my son’s future. If you want a solicitor who genuinely cares, fights for what’s right, and has a no-BS approach, Angelique is the one you want in your corner. — Rabil A

sue

I cannot thank Angelique enough for her support, advice and guidance throughout my divorce journey. Angelique was there to explain the legal jargon and what the next steps were along the way with emails, texts and phone calls. She always responded with compassion and understanding of the emotional rollercoaster I was on, I always felt she understood and that I was a person and not just a client. I was recommended Angelique and I too recommend her. Thank you again Angelique for your knowledge, support and guidance, its been a journey for us both!

Deepali Mehra

I had a great experience working with Angelique on renegotiating a financial consent order. She was approachable, clear, and responsive throughout — exactly what I needed during a process that could’ve been overwhelming. She helped me explore different options without pressure, and her explanations made everything easy to understand. We even managed to laugh along the way, which made a real difference. Highly recommend her for anyone wanting a solicitor who’s both professional and down-to-earth.

Jat Dhaliwal

Hopeholm helped me with my case over a year with numerous issues. Angelique provided prompt advice and service throughout. She has gone above and beyond for me and the end result was one I am happy with. Wholehearted recommendation from me for any family law matters.

Anonymous

Angelique (HopeHolm) is an exceptional solicitor with a heart of gold. Her dedication goes beyond just providing legal expertise—she truly cares about her clients and their families. Compassionate and understanding, she takes the time to listen, support, and fight for the best outcome. Her kindness, combined with her professionalism and knowledge, makes her not only a remarkable solicitor but also someone you can trust during the most challenging times. She isn’t just focused on the financial aspect but genuinely prioritizes the well-being of those she represents. Don't hesitate to instruct Angelique to be your solicitor, you won't regret it.

Elsa Franca

After being with other solicitors on my lengthy 3 years court case, I was recommended to Angelique by my barrister. She had to untangle my case which was quite complicated. She worked diligent and strenuously. In the end and for everyone's surprise, she was able to reach a settlement using her expertise, dedication and professionalism. She worked hours on end putting always my children's and my best interest at heart. I can't stress enough how helpful Angelique was! This case put so much financial, emotional and mental strain on me. Angelique was a God sent gift! She is not a common solicitor, she does make a difference! I most HIGHLY recommend her for her professionalism, honesty and unique desire to solve your case as much as you do! I am forever grateful to Angelique and I wish her all the very best in this world!

Fathiya Ali

I cannot thank Angelique enough for her unwavering support and relentless fight for my ongoing child custody case. From the very beginning, she has been more than just a solicitor—she has been a massive support during one of the most difficult times in my life. Her dedication has gone far beyond office hours. She truly cares, not just about my case but about me as a person. Her empathy and compassion are evident in every conversation, as she always checks in on me, listens to my worries—reassuring me throughout this process. Unlike any other solicitor, she provides a truly human experience, going above and beyond to ensure I feel supported and heard. I wholeheartedly recommend her to anyone in need of legal help—she is exceptional in every way.

Sunny Sharma

I strongly recommend Angelique Holm’s Solicitors firm, HopeHolm, for anyone seeking expert legal advice and representation. Her deep knowledge of divorce and family law is matched by her ability to explain complex legal concepts in a clear and approachable manner. Angelique took great care and time to understand my predicament and circumstances, particularly as it came as a sudden shock, but she was able to offer her expertise to achieve the best possible outcomes. Throughout my experience with Angelique, I was consistently impressed by her professionalism, responsiveness, and dedication. Her attention to detail, meticulous preparation, and ability to anticipate potential challenges gave me complete confidence in her abilities. Angelique also demonstrate great empathy and understanding, making the legal process less stressful and more manageable than it could have been in different circumstances. Whether you need advice, negotiation skills, or representation in court, Angelique offers unparalleled expertise and a client-focused approach that ensures you are in capable hands. I would not hesitate to recommend her to anyone in need of reliable and trustworthy legal support services. I am deeply grateful for Angelique & HopeHolm's dedication and advise in my contentious and laboured divorce procedure. Many thanks indeed Angelique.

Who gets the family home when a husband and wife divorce?

Will I have to sell the family home if I get divorced?

Is it best to keep the family home if you get divorced?

Negotiating who gets the house in a divorce

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