Who Gets The House In A Divorce With Divorce?

If you are going through a divorce with children, what happens to the family home will tend to be of even greater significance than it would be otherwise. The decision should be guided by what is in the best interests of your children, but it is also important to make sure your own financial rights and future security are protected.

The decision regarding who gets the house will depend on various factors, including where it makes the most sense for the children to live, whether one parent will be acting as the primary caregiver and the financial circumstances of both parents.

Whether you are agreeing what happens to the family home and arrangements for children voluntarily or are asking a court to decide, there are various options that might be considered. These include transferring ownership of the house to one parent, selling the house and splitting the proceeds or agreeing a deferred sale, where the children stay in the family home until they are old enough to move out and then the property is sold.

The specific outcome will depend on the unique circumstances of the case. While this article is intended to provide some useful information, it should not be taken as specific legal advice. If you need help with deciding what happens to the family home in divorce or resolving any other family law issues, please get in touch and we will be happy to advise.

How is the division of the house handled in a divorce with children?

Some of the most common options for dealing with the family home during divorce are:

• The property is transferred into the sole ownership of one parent – This can be a good option if one parent will be acting as the primary caregiver to the children. The equity in the property can be be offset against other assets, such as a pension, savings, investments and/or business interests. Advantages for the children include giving them continuity and minimising the disruption to their lives.

• The property is sold and the proceeds split – Each parent then buys a new property of their own. While this is likely to be more disruptive for children, it can make sense if the children are younger (e.g. they haven’t yet started school) and where one parent would struggle to afford a property if the other kept the family home.

• Deferred sale of the property – This usually involves one parent staying in the family home with the children with both parents retaining shared ownership of the property. There will be an agreement in place that the property would be sold at a predetermined point, such as when the youngest child has left school. Such an arrangement can be formalised with a ‘Mesher Order’ from a court.

What factors do the courts consider when determining who gets the house in a divorce with children?

When determining who gets the house in a divorce with children, courts consider several factors. These can also be a useful guide for anyone aiming to reach agreement amicably e.g. through mediation.

The primary consideration is the welfare and best interests of the children involved.

The courts will also assess factors such as the housing needs of the children and the parents, the financial circumstances of both parties, the children's adjustment to new living arrangements and the availability of suitable alternative accommodation.

The court aims to provide a stable and appropriate home environment for the children, considering factors such as proximity to schools and support networks.

Each case is considered individually and the final decision is based on what is deemed most beneficial for the children's wellbeing.

Seeking legal advice is crucial to understand how these factors may apply to your specific situation.

Can the primary caregiver automatically keep the house in a divorce with children?

The primary caregiver does not automatically keep the house when getting divorced with children. The division of the house is determined based on various factors, as outlined above.

While the primary caregiver’s housing should be taken into consideration, it is not a guarantee that they will automatically retain ownership of the house.

If the division of assets is taken before a court, then the court will assess the overall situation and may explore options such as allowing the primary caregiver to remain in the house until a certain event occurs or ordering the sale of the property with proceeds divided appropriately.

What happens if both parents want to keep the house in a divorce with children?

If both parents want to keep the house in a divorce with children, it can complicate the division process. As outlined above, a court's primary consideration will always be the best interests of the children.

If you cannot agree who will keep the house, then it is essential to seek specialist legal advice as soon as possible.

Is it possible for both parents to continue living in the house after a divorce with children?

It is possible for both parents to continue living in the house after a divorce with children, but it can depend on various factors.

Shared or cohabitation arrangements can be explored, especially when it is deemed in the best interests of the children to maintain stability and close relationships with both parents.

This may involve establishing a specific schedule or allocating designated areas within the property for each parent.

However, such arrangements require a high level of cooperation and communication between the parents.

If the matter comes before a court, it will consider the feasibility and practicality of this arrangement based on the unique circumstances of the case and the best interests of the children involved. Seeking legal advice is essential to understand how this may apply to your specific situation.

How does child custody impact the division of the house in a divorce?

‘Child custody’ is a term that is no longer used by the courts or legal professionals, but the principle of who has primary care of children will, unsurprisingly, tend to have a significant impact on the division of the house in a divorce.

A primary caregiver may have a stronger claim to keeping the house to provide stability for the child and, if the matter comes before a court, it may order a non-resident parent to contribute financially towards housing for the child's benefit.

Alternatively, the house may be sold, and the proceeds divided between the parents to ensure adequate housing for both parties and the child.

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