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SKU: 3.14
  • Advice

    Property is usually one of the most challenging areas that people struggle to settle during the divorce process.


    If you have children.

    A child's welfare and their associated living conditions are the most crucial considerations used to assess a child's standard of life. As such providing a safe home for a child is given priority above all else.

    Property (and any associated equity) that you share will likely be the most valuable asset, and this will need to be divided. Suppose you have agreed to keep the house, so you and the child under your custody have somewhere to live. You will then need to arrange a way to keep up with mortgage payments. It might be possible to achieve this through maintenance payments, but arrangements can vary. Factors such as income and whether a mortgage company agrees to single-payer terms will all be considered. You also need to check whether the lender will release the other party from further mortgage responsibility. 


    If a property is involved then a Mesher order can be employed (effectively an order for a deferred sale). This means that the home will be sold at a trigger point, such as when the youngest child turns 18 when the person staying in the home remarries etc. They are particularly useful when the parent moving out does not need the money from the property (assuming there is any) and means that any children are not put through the stress of moving. At the time that the trigger point is activated there may be other financial solutions, most commonly with the residing person “buying out” the other side. Note Mesher orders are treated as a special case under Capital gains Tax.


    If you do not have children.

    The family home will typically be sold and the remaining funds left after paying any mortgage (after any legal charges have been paid) are usually divided based on how much both partners contributed to the house.


    How we can help

    The process of getting a divorce is a difficult period for all involved, the situation regarding property may be complicated, there are solutions to every issue regarding property, typical issues may be: -

    • The couple have children involved and one party wants to stay with them in the family home (this situation one side could effectively buy the other ones share of the property, or one side could agree to wait until the child turns 18, then the property is sold and revenues split);
    • The property has been adapted for disability and the sale would not leave enough money for one side to move to an adapted home;
    • The house may have been in one sides family for centuries and they want their legacy to continue;
    • The property may be in negative equity.


    Ultimately property is highly likely to be the families most valuable asset and the one most fought over, neither side wanting to move out of the family home. This would become a matter for both parties’ financial advisor to determine, once the financial side has been settled then the legal team will include the decision in their report to the court. As in every negotiation there needs to be some give and take. Ultimately if there is an impasse then the court will decide.


    In regard to the third-party financial advisor please note we make no commission from these referrals. To gain our assistance you need to open a case, this is done by taking advantage of our free consultation service, activated by the link at the top of the page, should you wish to start a case the caseworker will send you the suitable payment link.


    Please note your caseworker can only give generic advice, their role is to prepare your details for handling by our appointed experts and to act as your point of contact, they will also issue you with your Password and PIN, these will be needed to log onto your client dashboard. From your dashboard you will be able to manage and view every aspect of your case, upload documents, images, files etc.

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