Property Division During Divorce

How is property dealt with after divorce?

Property is often one of the most significant issues arising during divorce proceedings. The family home may represent the largest asset owned by either party and can have a major impact on future housing arrangements.

Property issues are normally considered alongside pensions, savings, debts, income and the needs of any children involved.

Common property situations

• The family home is jointly owned.
• One spouse owned the property before marriage.
• There are multiple properties.
• The property has substantial equity.
• One party wishes to remain in the home with children.
• There is negative equity or mortgage arrears.
• Property is owned through a company or trust structure.

Factors often considered

• Housing needs of both parties.
• Needs of dependent children.
• Available income and earning capacity.
• Outstanding mortgage liabilities.
• Length of the marriage.
• Other assets available for division.
• Future accommodation requirements.

Evidence that may be useful

• Property valuations.
• Mortgage statements.
• Land Registry records.
• Details of renovation expenditure.
• Evidence of ownership interests.
• Information regarding other assets and liabilities.

Possible outcomes

Depending on the circumstances, outcomes may include the sale of a property, transfer of ownership, deferred sale arrangements, offsetting against other assets or other settlement structures.

Every case depends on its own facts and financial circumstances.

Frequently Asked Questions

Do we have to sell the family home?

Not necessarily. Some settlements involve transfer of ownership, deferred sale arrangements or offsetting against other assets.

What if my name is not on the deeds?

Property issues can be more complex than simply checking legal ownership documents. The wider circumstances may also be relevant.

Can property be divided without court proceedings?

Some couples reach agreement directly, although formal approval may be required if they wish the arrangement to become legally binding.