Getting a divorce is a turbulent time, and even more so when you have children. There are lots of decisions you and your spouse need to make, such as how you will divide your assets. Usually, the biggest asset you will own is your home. Determining which of you gets the property is a challenging problem of the divorce process. There are many considerations to make, but above everything else, you need to think about what is best for your children.

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Who Gets to Keep the Home Can Depend on Who Looks After the Children’s Day-to-day Needs

In England and Wales, the divorce law prioritises children’s welfare above anything else. That means the provision of a secure home is the top priority. It is essential that your kids’ lives are disrupted as minimally as possible during the divorce process. Because children come first, legally and morally, it is often the case that the person who is mostly responsible for the daily care of your children is entitled to remain in the family property. So, when you are divorcing with children, who gets the home is closely linked to child custody as determined by a court of law.

Avoiding the Threat of Repossession

When you and your partner are not amicable in your decisions, legal battles can go on for a long time. That is not only detrimental to the welfare of your children. Depending on your situation, it could also result in your property being served an eviction notice. If your home looks as though it could become repossessed, you need to act quickly and decisively. Communicate with your mortgage lender to keep them updated, and check out reputable companies that can help you to stop your home being repossessed.

Property Orders

Just because one person is not legally entitled to live in the property, once child custody has been agreed, it does not mean that person is exempt from making mortgage payments. And the person will still be on the title deeds. However, finances tied up in the property can be arranged and formalised by a court with a Property Order. For instance, the court may decide that one person is allowed to stay in the property with the children up to a specific point, such as the youngest child turning 18 years of age. The home could then be sold, and the proceeds would be divided according to the details of the Property Order. Another option is to transfer the property into a single person’s name. In this case, the other person would receive a certain percentage when the home is eventually sold.

Mortgage Considerations

It is often the case that the person leaving the family home will want to be released from the mortgage so that they are free to purchase another property. You, therefore, need to consider whether the person staying in the family home can afford the mortgage payments by themselves. If they cannot, a specific amount of money could be included in Spousal Maintenance Payments, which help to cover the costs of the mortgage.