The difficult experience of going through a divorce bring with it plenty of questions. It can be a challenging time for all people involved, and it can be tricky knowing what to do, especially when it comes to assets like a property.
Many wonder whether everything is just split equally in a divorce – but is this the case? And if not, what factors influence the percentage you’ll receive? Here we’ll answer all the important questions on this topic.
What Happens to the House During a Divorce?
It’s probably not the answer you’re looking for, but it depends. It’s always best to try and come to an agreement with your partner about what to do with the home. If you can’t, then the court will end up deciding for you.
Generally one of four things will happen:
Sell It
This is probably the easiest and most straightforward solution. You can both release any equity in the home and use it to move on with your lives. This equity is often split 50/50, but not always.
Buying Out
With this solution, one person stays in the property but pays the other party their share of the equity. This is common but often requires the person staying put to remortgage in order to release the required sums to buy their partner out.
Wait and Sell
A variation to the first option is for one person to remain in the property and agree to sell it at a later date. This can be a good idea if there is currently negative equity in the home or if it makes sense for one party to remain in the property. An example of the latter is if one parent is staying in the property with the children. Once they are at an age where they leave home, the property can then be sold.
Transfer
In some situations, it may make sense for one party to transfer their ownership to the other party with no financial compensation. This may be done for many reasons, such as the person leaving the home keeping other assets.
How Is A House Split During A Divorce?
There are two key points to this question. Firstly, there is no set rule that any asset will be split 50/50 in a divorce. Secondly, unless there are specific circumstances that mean the court need to financially favour one party, it will most likely be split 50/50. Therefore a one-word answer to the question is, probably.
The reason it wouldn’t be split is if one party needs a higher percentage to move on with their lives. An example would be a parent that had to give up their career to look after the children. In this scenario, the court may give the parent looking after the children a higher percentage.
It could also be that one parent has custody of the children and needs a higher percentage to set up a new home. On a basic level, if one party is going to be financially worse off after the divorce, then the court may feel they deserve a higher percentage.
Things To Consider for Homeowners in a Divorce
Divorce can be a horrible thing to go through, and it’s best to try and find a fair way through it with your soon-to-be ex-spouse. Here are a few things to consider:
What’s best for the kids
If you have children, then they need to be given priority in your thinking. What resolution is going to be the best for their happiness, and their future? In many situations, the best thing for them is to stay in the property.
In this case, you should look at either one party buying the other one out, or waiting until they move out to sell it. Try to come to a resolution that will have the least impact on the children.
What’s best for you
For example, you’ve cheated on your partner, and you feel guilty about it. The breakdown of the marriage is all your fault. It’s important to know that this has no effect on whether or not the property will be split 50/50.
You may feel as though you deserve to be punished financially and, perhaps, transfer the ownership to your partner for no compensation. However, you should consider your future and think clearly about the decisions you’re making.
What is easiest
At its worst, divorce can become an attritional battle where there are no winners. To avoid this becoming your reality, it’s good to think about the simplest and easiest solution, even if you don’t think it’s completely fair.
For example, the other party wants to stay in the property, there is no equity to remortgage, and they have no savings. Simply walking away from the property may not seem totally fair, but it could be the best thing for you emotionally.
The Importance of Getting Legal Advice for House Matters During a Divorce
You’ll have noticed that with divorce, there are plenty of if, buts, and maybes. 50/50 is the most common way to split assets, but it’s not always the case. A court may find in favour of one partner if they are in greater financial need.
With the myriad of possible outcomes, it’s always wise to seek legal advice, even if you want to avoid court action. A legal professional will look into the specifics of your case and be able to advise on what your next steps should be.
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