When a couple separates, one of the most emotionally and financially complex questions is: what happens to the house? The family home isn’t just a physical asset — it’s often the place where children were raised, memories were made, and lives were built.
Unsurprisingly, it can be one of the most contentious and difficult aspects to resolve.
Whether you're married or separating after a long-term relationship, understanding your divorce rights to property is essential. Who gets to stay in the home? Do you have to sell it? What if only one person’s name is on the mortgage? These are big questions, and the answers depend on your circumstances.
In this blog, we’ll guide you through what happens to the family home in a divorce, what your options are, and how you can protect your interests. Our aim is to help you feel more informed, confident, and ready to take your next step with clarity. If you need tailored support at any point, our Family Law team at HPLP Solicitors is here to help.
If you divorce, who gets the house?
There’s no automatic answer to this. Contrary to popular belief, the house doesn’t simply go to the person whose name is on the mortgage or title deeds. In England and Wales, all property acquired during the marriage is considered part of the matrimonial pot and is subject to division.
The court’s goal is fairness — but what that looks like depends on the specifics. They’ll consider:
- The financial needs and resources of each party
- The welfare of any children under 18
- The length of the marriage
- The standard of living during the relationship
- Any physical or mental health needs
If children are involved, the court may prioritise housing the parent who is the primary caregiver. But even then, that doesn't mean one person automatically “gets the house” forever — there are several options for how the home can be handled, and these depend on negotiation or a legal order.
If you’re unsure what your rights are in your current situation, we recommend speaking to one of our experienced divorce solicitors to explore your position and next steps.
What are the main options for dealing with the family home?
There are typically four main approaches to dealing with the family home in divorce. The right one for you will depend on your financial circumstances, your future needs, and how well you and your ex-partner are able to reach an agreement.
- Sell the property and divide the proceeds
This is one of the most common solutions. It allows both parties to make a clean break, take their share of the equity, and move on to new housing arrangements. - Transfer ownership to one party
One person buys out the other’s share of the home. This is often done with the help of a mortgage or offset against other assets in the settlement. - Deferred sale or Mesher Order
The home remains jointly owned until a trigger event (e.g. youngest child turning 18), after which the house is sold and proceeds divided. - Continue co-owning temporarily
Some separating couples agree to continue owning the home jointly for a period, especially if selling immediately isn’t practical or market conditions are unfavourable.
Each option comes with pros, cons, and tax implications. It's important to think long-term — not just about what works now, but what will provide security for the future. Our team can help you explore these options and determine what's most appropriate for your circumstances.
What happens if only one person owns the house?
This is a common point of confusion. If the house is in one spouse’s name only, it does not automatically mean the other has no rights. If the property was the matrimonial home, it’s likely to be considered a shared asset regardless of whose name is on the legal documents.
Spouses have something called home rights, which protect their ability to live in the family home during the divorce process. In many cases, especially when children are involved, courts will still treat the property as part of the overall asset pool to be divided.
In contrast, unmarried couples who separate face different rules. If your name is not on the deeds and you're not married, your rights depend on whether you can prove a beneficial interest — for example, if you’ve made financial contributions or there was an agreement that the property was shared.
These cases are more complex and may involve a Trust of Land and Appointment of Trustees Act (TOLATA) claim.
Do we have to sell the house after divorce?
Not always. While selling the house after divorce is often the most straightforward way to divide assets, it’s not the only option. In fact, many couples — particularly where children are involved — explore ways to delay the sale until a later date.
This is usually done via a court order or formal agreement, often referred to as a Mesher Order. It allows one spouse (usually the primary carer of the children) to remain in the home for a set period — for example, until the youngest child finishes school — before the property is sold and equity divided.
However, there are drawbacks to deferred sales, including the financial implications of one person maintaining the home, being tied into a mortgage, or missing out on future housing investments. It’s important to weigh all the options and make a decision that works for both the short and long term.
We always recommend speaking to a solicitor to assess whether keeping or selling the home is the most practical and financially secure choice in your specific situation.
How can I protect myself when splitting property in a divorce?
The most effective way to protect your interests is to have a legally binding financial settlement in place. Whether you agree to sell, transfer, or retain the home jointly, this agreement — usually recorded in a Consent Order — will set out the exact terms of how the property will be dealt with.
A Consent Order is drafted by a solicitor and approved by the court. It ensures that both parties are legally bound to the terms and prevents future claims. Without one, either person could return to court years later seeking more money or assets — even after the divorce is finalised.
Get expert advice on divorce and the family home
Deciding what happens to the family home in a divorce is never easy, but you don’t have to figure it out alone. Our experienced Family Law team at HPLP Solicitors is here to guide you through every step — from understanding your divorce house rights to creating a binding financial agreement.
Contact our London office or make an enquiry online, and a member of our team will be in touch shortly.