One of the questions we are regularly asked is – what happens to the family home if it’s only registered in one name? We’ll aim to answer the basics here but remember that everyone’s circumstances are different.  

 

For more detailed advice about your specific situation, get in touch with our expert Liverpool divorce lawyers here at Tracey Miller Family Law. 

 

What happens to the family home during divorce?  

 

The family home is usually the biggest financial asset a couple will have. So, disputes or misunderstandings about what happens to it during divorce are common.  

 

The first useful thing to know is how the divorce courts usually deal with property when dividing up assets. If you haven’t be able to agree between you what will happen to the property after the divorce, the courts may have to decide. The court may order one of the following scenarios: 

 

·        One spouse will be entitled to carry on living in the home – this is especially the case if there are any children under 18 living there. This can happen even if this person isn’t the legal owner.  

·        The home may be sold and the assets divided, using a starting point of a 50:50 split.  The only exception to this is what is known as a Mesher Order, sometimes referred to as an ‘order for deferred sale.’ This court order allows the sale of a family home to be postponed for a certain period of time or until a specific event takes place, such as children leaving school.

 

Divorce courts make their assessments on a case-by-case basis, looking at the circumstances of the marriage and any major assets individually.  

 

Do I have rights to property if my name isn’t on the mortgage deed?  

 

Generally speaking, assets brought into the marriage by one spouse (such as a house) are considered to become shared assets. The only exception to this is if a marriage is particularly short-lived.  

The property becomes the matrimonial home, the primary residence of the married couple and any children they have. This means that even if your name isn’t on the mortgage deed, you may still have rights to either live in the property or receive a share of proceeds from its sale.  

 

Remember that courts look at cases on their individual merits. So, just because your spouse is the legal owner of the property, it doesn’t automatically mean the property will revert to them after the divorce.  

 

Applying for Matrimonial Home Rights 

 

There is something you can do to stake a claim to the family home during divorce, even if your name isn’t on the deeds.  

 

You can apply for something called Matrimonial Home Rights. Under the Family Law Act 1996, this gives spouses ‘home rights’ over the shared matrimonial home while the divorce process is ongoing. If granted, it means that the property can’t be sold by the owner during divorce, without the consent of the other spouse. 

 

To apply for Matrimonial Home Rights, you’ll need to file an application with the Land Registry.  

This, along with other issues to do with matrimonial assets, is something we can help with here at Liverpool divorce lawyers Tracey Miller Family Law. Get in touch for your free, no obligation and no time limit consultation.