The Family Home on Separation: Who Stays and Why?

During the breakdown of a relationship, for most, one of the paramount worries is about what happens to the family home and who remains in situ, if anyone. For a lot of people, not just separating couples, the family home is a place of comfort and stability; it can feel like letting go of more than bricks and mortar.

When considering the division of assets, including the family home, in a financial remedy case, the family courts’ primary consideration is the needs of both parties and any children.

The court will need to consider the housing needs of both the husband and wife and any children. These considerations include stability and affordability. The court must ensure, wherever possible, that both parties are provided for in terms of housing. Both parties should obtain evidence of the maximum amount of money they could borrow if they must rehouse or buy the other party out of the property. If a party cannot raise enough to rehouse themselves, then the court may order that this person remain in the family home.

The court may decide that the house does need to be sold, but not immediately and that one party can remain in the home until a certain point. In these circumstances, the court can either order that the home is sold later, usually when the youngest child of the family turns 18, or the sale may be postponed until a specific event takes place, such as the occupying party remarrying.

Where there are children involved, the court will aim to preserve stability wherever possible. This may, for example, mean that the primary carer remains at the family home indefinitely, until the youngest child turns 18 or until a specific event occurs.

How Forbes Solicitors Can Help You

If you are separating and wish to obtain advice on what may happen to the family home in your circumstances, our Family Law team can provide clear, practical advice to help you reach the best outcome - whether through agreement, mediation, or court proceedings where necessary. To start our enquiries process, you can contact Forbes Solicitors online via our website and a member of the team will be in touch to arrange an initial consultation by telephone, video call, or in person. Alternatively, call us on 0800 689 1058.