Who gets the house in a divorce?

There is no automatic rule about who gets the house in a divorce or dissolution. In the past there were usually two outcomes in relation to the family home. Either one party would buy the other out, or the family home would be sold, and the net equity would be divided.

The cost-of-living crisis in the United Kingdom is now making these outcomes more difficult to achieve. 

Alternative options for dealing with the family home now include:

Postponing the sale until a specific date, such as when the youngest child turns 18.

Co-own and cohabit in the family home after divorce and sell it later.

If the property is mortgage free, it may be possible to rent out the family home and receive rental income sufficient to fund two smaller properties.

The couple could agree to “bird nest” by maintaining joint ownership of the family home and for the children to remain living in their usual home with each parent spending time at the family home whilst the other lives nearby.