Divorce and property
What will happen to your property after divorce
Unlike possessions such as cars or expensive furniture, working out who should keep the family home can be a lot more complicated. Because of this, it is a lot more likely to end in a disagreement.
Keeping the divorce process on good terms isn’t always easy. If you respect your partner’s wishes and work towards a compromise, you should be able to find a good outcome and avoid going to court.
Who gets the property in a divorce?
Figuring out who should get the house depends on your personal situation. You may want to sell the house and divide the money that’s left. Or one of you may keep living there and buy the other persons’ share from them.
Some people use prenuptial agreements to protect property they bought before they got married. In these situations, their partner is unlikely to have any claim on a property or profits from its sale.
If you are not the legal owner of the property
Even if your house is in your partner’s name, you may still have certain home rights.
Contact us straight away and we will help you get your name on the title deeds and register your home rights notice online. This makes sure nothing can happen to the property without you knowing.
If the house ownership is shared
The process of dividing the family home becomes a lot more complicated when both you and your spouse are listed on the title deeds. If you are in this situation, we highly recommend seeking tailored advice from our family solicitors.
You may want to arrange a joint tenants’ agreement, which would mean you both own the property equally. This ensures that full ownership would pass to your partner, regardless of their will. Alternatively, you could decide to each own a share in the property. This is known as ‘tenants in common’.
If you have children
Where children are involved, agreements have to cover how they will be looked after. That means that one spouse could be allowed to continue living in the property with them until they turn 18.
What couples need, want and are entitled to is different in every divorce we work on. If you would like to discuss your personal situation, get in touch with our team.
If you have children, it is possible that the court will grant the home to the primary care giver, but this is not always the case. The court tends to make decisions that are in the best interest of any children involved. A big part of this means minimising disruption in their everyday lives.
The options you and your ex can consider
Depending on the circumstances of your divorce, you may feel that the best solution is one of the following:
- Sell the house and split the profits
- Keep the house and buy your spouse out of the mortgage
- One party keeps the house, the other receives assets of equal value
Our family law solicitors can negotiate and help you decide what is right, but we will never decide on your behalf.
Letting the courts decide
If you and your partner simply cannot agree and you have exhausted all attempts of mediation and negotiation, we can represent you in court.
Our solicitors will present and defend your case to the judge as well as explain what their rulings mean for you. They will also help you to prepare for court and ensure that the process isn’t worrying.
A judge will take the following matters into account when deciding who should keep the family home:
- Your earnings
- How long you’ve been married
- Who your children will be living with, if you have any
- Your role in the marriage
- Your usual standard of living
Once an agreement has been made, we will draft it into a financial agreement and send this over to the court. This makes everything outlined in it legally binding.
We do everything we can to keep divorce cases out of court, as we believe the outcome for both parties is almost always better when resolved independently.
We are happy to provide mediation sessions for couples who can’t agree on certain things. Working with a trained mediator makes it much less likely that you will need to go to court.
What we can do for you
Our family law solicitors have a great deal of experience in helping couples get a separation that suits everyone involved.
Whether you want to divorce your partner, or they are divorcing you, we can advise on what to do next. We will communicate directly with the court, your partner and your partner’s solicitor, saving you time and hassle.
At AWH Solicitors we can offer fixed fee packages, as we know our clients prefer to know what they will pay from the outset.
Our platinum uncontested divorce package for the petitioner is only £450 plus vat plus the court fee.
Our contested divorce package
If you can't agree on a settlement with your former spouse our contested divorce package will likely be suitable for you.
- Initial consultation for 30 minutes about the divorce only and completing the divorce petition with you
- Reasonable correspondence with you, the court and the other side in respect of the divorce proceedings
- Drafting the divorce documents, namely; divorce petition, application for decree nisi, statement in support for decree nisi and application for decree absolute
- Keeping you informed throughout in respect of the divorce process
Our platinum uncontested divorce package
Similarly to our contested divorce package, we offer a platinum fixed fee package for the respondent in uncontested divorce proceedings for only £275 plus vat.
- Initial consultation with you for 30 minutes
- Preparing the 'Acknowledgement of Service Form'
- Checking court papers
- Advising you of the Decree Nisi and Decree Absolute once received from the court
What is not included in these fees
If during the divorce process any of these factors arise you will no longer qualify for the fixed fee divorce package. If this occurs we will immediately discuss matters with you to agree a new fixed fee structure with you.
In cases where the divorce is defended, we are prepared to offer fixed packages but will need to discuss and review your case with you to tailor a package that will suit you.
- Obtaining a duplicate copy of the marriage certificate
- Having the marriage certificate translated
- Fees charged by a bailiff/process server in serving the divorce documents on the respondent
- The costs of amending the divorce papers once they have been lodged at court
- If acting for the respondent the costs of applying to the court for the decree absolute
- Dealing with any issues in relation to the relationship in connection with the children, finances, property or domestic violence
- The costs of tracing a party
- Attending court in respect of the divorce proceedings
- Enforcing any costs order
Our Promise to You
Friendly, personal legal services
We promise that our approachable solicitors will provide you with a genuinely personal service that puts your needs first. Our team of experts are always on hand to give you support when you need it.
Award-winning service in our fields of expertise
We pride ourselves in offering the highest standards of service across each of our legal departments. Regardless of your situation, we promise to provide you with the very best legal advice.
Advice tailored to your needs
We promise to listen to your needs and offer the right guidance for your situation.
There is no ‘one-size-fits-all’ solution in any area of the law. Every case requires a tailored approach and you deserve a solicitor who understands this.
Outstanding customer service and care
Our excellent reputation is built on our exceptional level of client care.
Every case is handled with the highest level of respect and many of our clients go on to recommend us after building an invaluable relationship with our solicitors.
Transparent fees and processes
Transparency is very important to us. We promise to provide you with total Transparencyrency on fees, so you know exactly what you are paying for. We’ll also make sure you’re kept updated on the progress of your case every step of the way.
What our clients are saying about us
Very pleased with how fast my claim was settled. Very nice people always at the end of the phone when i wanted to ask questions on my.claim. would deffo use this company again. Matthew was brill very friendly and reliable.
Very pleased with the service I have received, communication has been maintained throughout. Happy with the outcome of my case.
It's always been a pleasant experience using their services. I felt highly comfortable and confident whenever they dealt with my cases in terms of correspondence, communication and performance. I highly regard their services.
Starting the process couldn’t be more simple!
- Contact us Get in touch however suits you best and arrange a consulation with one of our solicitors
- Meet an expert You’ll meet the expert solicitor assigned to your case and discuss all the necessary details
- Authorise Once we’ve got all the details of your case and you’re happy to proceed, just give us the go-ahead
- We get to work It’s time for us to get to work! We’ll set up your file on our system and get to work right away
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