For most couples going through a divorce, what will happen to the family home is likely to be at the top of their concerns. The Court in England and Wales has a wide discretion concerning the future of the family home and it is true to say that there are no ‘one size fits all’ solutions. Each case must be judged on its own facts as each divorce is unique.  

Potential outcomes for the future of the family home might be:  

• That it is transferred to one of the parties, often with a lump sum being paid to the other party;
• That it is sold upon the conclusion of the divorce with the proceeds being divided either equally or unequally between the parties;
• That it is sold upon certain future events, such as a child reaching the age of 18 or one of the parties remarrying.

Predicting the outcome of any case at the outset is generally impossible, but we can help by offering advice on what is most practical so your expectations are managed.  

It may also be the case that if the family home is solely owned by one of the parties in the divorce, the non-owning party is concerned as to their legal rights and vulnerability.

We can advise upon suitable steps to protect an interest for the non-owner in the family home or in respect of any other property assets that may be an issue in the divorce.