Property & Home Division in Divorce (UK)
Property Division
Dividing the family home and other property is one of the biggest financial decisions you’ll make. Our specialist family solicitors give you plain-English advice, realistic options and firm representation—so you can reach a fair, legally binding outcome and move forward with confidence.
Book a consultation · £250 inc. VAT (fixed fee) · or free 20-minute call
Call: +44 (0)330 053 3342
Why clients choose us
Clarity from day one: What you can expect, likely ranges, and the steps to get there.
Settle first, litigate if needed: Mediation/negotiation where possible; robust advocacy if court is required.
Complex assets handled: Mortgages, buy-to-lets, second homes, companies and overseas property.
Transparent fees: Fixed-fee stages where suitable and regular cost updates.
What we resolve
Family home: sale, transfer, buy-out or deferred sale (e.g., Mesher/Martin orders)
Other property: buy-to-let, holiday homes, shared ownership, overseas assets
Mortgages & equity: remortgaging, affordability, charge-backs and equity releases
Deposits & family loans: documenting and repaying soft/hard loans
Related finances: pensions, savings/investments, debts and clean-break provisions
How courts approach fairness (not “automatic 50/50”)
If agreement isn’t reached, judges decide using Matrimonial Causes Act 1973 s.25 factors and the principles of needs, sharing and (rarely) compensation. Housing needs—especially where children live—are central. “Non-matrimonial” assets (e.g., pre-owned or inherited property) may be treated differently, but can still be used to meet needs.
Options for the family home
Sell & divide: Realise equity now and rehouse both parties.
Transfer with buy-out: One party keeps the home and compensates the other via cash or other assets.
Deferred sale (Mesher/Martin): Sale postponed (often until a child finishes education), with clear triggers and upkeep obligations.
Continue jointly (short term): Structured plan with costs, repairs and exit set out to avoid disputes.
We’ll model affordability, risks and practicalities for each route.
The process (at a glance)
Initial advice
Free 20-minute call or £250 fixed-fee consult to map goals, risks and likely outcomes.Disclosure & valuation
Exchange Form E/financial info; obtain property valuations, mortgage capacity, and (where relevant) rental yields.Negotiation/mediation
Solicitor-led talks, mediation or Private FDR to converge on a fair solution.Consent Order & D81
We draft the agreement and file it for court approval so terms are legally binding.Implementation
Land Registry (e.g., TR1), mortgage changes, payments/charge-backs, and practical move plans.
Children & housing
Arrangements should minimise disruption for children. Courts prioritise stable housing near schools/support networks. We align Child Arrangements with your property plan (handovers, holidays, travel permissions).
Safeguards & interim protections
Home Rights (if the property is in one name) to protect occupation pending outcome.
Occupation/Non-Molestation Orders where safety or access to the home is in issue.
Undertakings for practical ground rules while negotiating.
Tax & practicalities
Property outcomes can involve CGT/SDLT, early-repayment charges, maintenance costs and insurance. We’ll flag issues and coordinate with your broker and tax adviser so you plan on net, not gross, figures.
Common mistakes to avoid
Relying on a handshake deal: Without a Consent Order, claims can remain open.
Skipping proper valuations: Leads to uneven equity splits or unworkable buy-outs.
Ignoring pensions/debts: Property is only part of the picture; settlements must balance everything.
Over-optimistic affordability: Lenders, rates and maintenance costs matter—stress-test the plan.
Vague deferred-sale terms: Always set clear triggers, repairs, insurance and sale mechanics.
Fees & ways to start
Fixed-fee initial consultation: £250 (incl. VAT) with a specialist solicitor
Free 20-minute call: triage and next steps
Flexible pricing thereafter: fixed-fee stages where suitable or agreed hourly rates with clear estimates
Book a consultation · +44 (0)330 053 3342
Ready to talk?
Book a consultation or call +44 (0)330 053 3342. Speak with a property and divorce specialist today and get a practical plan for your home and future.
Frequently Asked Questions
Is the house always split 50/50?
No. Outcomes depend on needs, resources and s.25 factors. Housing needs for children can justify unequal splits or deferred sale.
Do I have to sell the family home?
Not necessarily. Viable alternatives include a buy-out, transfer with charge-back, or deferred sale with defined triggers.
What if the home is only in my spouse’s name?
You may register Home Rights and seek interim protections. Final ownership is determined in the financial settlement.
Can I keep assets owned before marriage?
“Non-matrimonial” assets can be ring-fenced, but may be used to meet needs. It’s fact-specific.
How do we make the agreement binding?
A court-approved Consent Order makes terms enforceable and can provide a clean break where appropriate.
Will I need to go to court?
Most cases settle by agreement and are approved on paper. Court is a fallback, not the default.
What about the mortgage?
Any transfer/buy-out depends on lender consent and affordability. We coordinate remortgaging and timings to avoid gaps.