Who Gets the House? Real Estate and Divorce in the UK And What You Need to Know

One of the most emotionally and financially charged questions in any divorce is: “Who gets the house?”

Your home is more than just bricks and mortar. It’s where you’ve built a life, raised a family, and created memories. So, when a marriage ends, deciding what happens to the property can be incredibly stressful.

At MLS Legal Services, we guide clients through this complex process with clarity, compassion, and strong legal expertise. Here’s what you need to know about how property is handled during a divorce in the UK and how we can help you protect your interests.

Is the House a “Marital Asset”?

In most cases, the family home is considered a marital asset—meaning it’s part of the shared financial pot to be divided upon divorce or dissolution.

This applies whether:

• The house is owned in joint names

• The house is in one partner’s sole name

• One partner bought it before the marriage

Even if the property is legally owned by one spouse, the non-owning partner may still have a financial claim, especially if they contributed to mortgage payments or improvements.

How Do UK Courts Decide Who Gets the House?

In England and Wales, there’s no automatic 50/50 split. Instead, courts aim to achieve a fair and reasonable outcome, considering a wide range of factors under Section 25 of the Matrimonial Causes Act 1973.

Key considerations include:

• Children’s welfare – housing needs of any dependent children come first

• Financial needs – of both spouses, including income and earning potential

• Length of the marriage – and contributions (financial or otherwise)

• Age and health – of both parties

• Available housing alternatives – including whether one party can buy out the other

There is no “one-size-fits-all” solution which is why legal advice is critical.

What Are the Common Outcomes?

1. One Spouse Buys Out the Other

If one party wants to stay in the home (often the primary caregiver), they may buy out the other’s share. A property valuation will determine each party’s equity entitlement.

2. The Home Is Sold and Proceeds Are Split

In many cases, particularly when neither party can afford to keep the house, it will be sold, and the proceeds are divided according to the settlement agreement or court order.

3. Deferred Sale (Mesher or Martin Orders)

Sometimes, the court may order a deferred sale, allowing one spouse (usually the one caring for children) to remain in the house for a period, typically until the youngest child turns 18 or finishes education.

• Mesher Order: Delays sale until a specific event (e.g. child turning 18).

• Martin Order: Delays sale for other reasons, such as age or financial hardship.

What If You’re Not Married?

Unmarried couples do not have the same legal protections. Property disputes between cohabiting partners are governed by trust and property law, not family law.

If your name isn’t on the title deeds, but you contributed financially or have a common intention to share ownership, you may need to prove your claim through a Trust of Land and Appointment of Trustees Act 1996 (TOLATA) application.

At MLS Legal Services, we help unmarried clients assert or defend their rights to the family home through clear, strategic legal advice.

How MLS Legal Services Can Help

Dividing property during divorce is rarely straightforward, but with the right legal support, you can navigate it with confidence. Here’s how MLS Legal Services supports you:

1. Clear Advice on Your Rights

We’ll explain your legal position, whether you’re a joint or sole owner, and what options are available based on your circumstances.

2. Valuations and Equity Analysis

We assist in obtaining accurate property valuations and calculating each party’s share of equity to support fair negotiations.

3. Negotiation and Mediation

Where possible, we seek out of court solutions through mediation or solicitor led negotiations, reducing stress and legal costs.

4. Court Representation

If no agreement is reached, we provide robust representation in court to protect your housing and financial interests.

5. Formal Consent Orders

We ensure that all agreements are legally binding through consent orders, protecting you from future claims.

What Should You Do Next?

If you’re facing divorce or separation and unsure about your rights to the family home, don’t wait for uncertainty to turn into crisis. Early legal advice can make all the difference in protecting your future housing and financial stability.

At MLS Legal Services, we offer friendly, professional, and affordable legal support tailored to your situation. Whether you’re keeping the house, selling it, or negotiating a buyout, we’ll walk with you every step of the way.