One of the biggest concerns during a divorce is what happens to the family home. For many, it represents stability—especially if children are involved. But does divorce automatically mean selling the property? Not necessarily.
If you want to remain in the family home, there are steps you can take to approach the situation constructively with your spouse while ensuring a fair financial outcome for both parties.
What are your options?
You don’t always have to sell the home. There are several possible solutions:
Buying out your spouse’s share of the family home
If you want to stay in the property, you may be able to buy out your spouse’s share. This usually involves:
- Valuing the property to determine how much equity is in the home.
- Negotiating a fair settlement, which may involve offsetting your spouse’s share against other assets.
- Securing a mortgage or refinancing to fund the buyout if necessary.
Negotiating a deferred sale after divorce
(Mesher Order – if selling now isn’t ideal—especially if children are involved—you may be able to stay in the home until a set event occurs (e.g., children turning 18). The sale is then delayed, and proceeds are divided at a later date.
Adjusting financial settlements
In some cases, you might agree to give up claims on other assets (e.g. pensions, savings) in exchange for keeping the home. However, it’s important to ensure this is a financially viable option for your long-term future.
How to approach the conversation with your spouse about selling the family home
If you want to remain in the family home, taking a constructive and cooperative approach can help reach an agreement without unnecessary conflict. Here’s how:
- Be open about your reasons – explain why staying in the home is important—whether for financial stability, continuity for children, or other practical reasons.
- Show a fair and realistic plan – your spouse will likely be concerned about their financial interests. If you want to buy them out, have a plan in place, such as obtaining a mortgage in your sole name or demonstrating how the settlement will work fairly.
- Consider mediation – if discussions become difficult, a family mediator can help both parties reach a practical agreement. Mediation can prevent costly court disputes and ensure a child-focused resolution.
- Get legal advice early – understanding your rights and options early can help you approach discussions with confidence. A family solicitor can guide you through negotiations and ensure any agreement is legally sound.
When might selling the family home might be the best option?
If neither party can afford to keep the home and a financial agreement cannot be reached, selling the property and dividing the proceeds may be the most practical solution. Courts prioritise financial fairness and the welfare of any children when making decisions.
If a financial agreement cannot be reached, the court will decide based on:
- The welfare of any children – their housing needs take priority.
- Each spouse’s financial position – can one party afford to stay in the home?
- Other available assets – the home is just one part of the financial settlement.
- Housing needs of both spouses – the Court has to balance the housing needs of both parties, although if there is a parent with principal care of the children, their needs will always take priority.
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