The Family Home in Divorce

What Happens to the House in a Divorce?

The family home is usually the most significant asset in a divorce — and often the most emotionally charged. Understanding your options is essential before making any decisions.

PDA Law advises on property division in divorce for clients across Chester CH1/CH2, Ellesmere Port CH65, Wrexham LL11–LL14, Mold CH7, Northwich CW9 and Crewe CW1/CW2.

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Your Options for the Family Home

There is no one-size-fits-all answer. The right option depends on your financial circumstances, whether you have children, and what each party needs going forward.

One Party Buys Out the Other

The most common outcome. One spouse pays the other their share of the equity and takes sole ownership. Requires remortgaging in the sole name of the remaining owner.

Advantages

  • Children stay in the family home
  • Clean break achieved
  • Certainty for both parties

Considerations

  • Requires sufficient equity and mortgage capacity
  • May require other assets to be traded off

Sell and Divide Proceeds

The property is sold and the net proceeds are divided between the parties, usually in agreed proportions.

Advantages

  • Clean break
  • Both parties receive cash
  • Simple to implement

Considerations

  • Children may need to move
  • Market timing risk
  • Transaction costs

Mesher Order (Deferred Sale)

The sale is deferred — usually until the youngest child reaches 18 or finishes full-time education. The primary carer remains in the property with the children.

Advantages

  • Children's stability protected
  • Primary carer has housing security
  • Deferred financial settlement

Considerations

  • Financial ties continue for years
  • Market risk
  • Complications if circumstances change

Martin Order

Similar to a Mesher order but the sale is deferred until the occupying spouse dies, remarries or voluntarily leaves — regardless of children.

Advantages

  • Long-term housing security
  • Suitable where no children or children are older

Considerations

  • Very long financial tie
  • Rarely used in modern practice

How the Court Decides

If you cannot agree, the court applies Section 25 of the Matrimonial Causes Act 1973, considering all the circumstances of the case.

The welfare of any children under 18

The income, earning capacity and financial resources of each party

The financial needs, obligations and responsibilities of each party

The standard of living enjoyed during the marriage

The age of each party and the length of the marriage

Any physical or mental disability of either party

Contributions made by each party to the welfare of the family

The conduct of each party (in exceptional cases)

Related Guides

Financial SettlementsConsent OrdersClean Break OrdersPension Sharing

Funding Your Legal Fees

Own a property? You may not need savings to fund your case.

If you jointly own the matrimonial home, a Sears Tooth agreement allows us to secure our fees against your share of the property — meaning no upfront payment is required. Fees are deducted when the property is sold or transferred. This option is particularly suited to non-working spouses or those with limited income.

Explore all funding options

We do not accept legal aid cases. PDA Law is a private client practice. All family law matters are funded privately — through direct fees, payment plans, or a Sears Tooth agreement where applicable.

Frequently Asked Questions

What happens to the house in a divorce?
The family home is usually the most significant asset in a divorce. The court has wide powers to deal with it — including ordering a sale, transferring it to one party, or deferring the sale. The outcome depends on the needs of both parties, the welfare of any children, and the overall financial picture. We advise clients across Chester CH1/CH2, Ellesmere Port CH65, Wrexham LL11–LL14 and throughout Cheshire.
Can I stay in the house during divorce proceedings?
Yes, in most cases. Both spouses have the right to remain in the matrimonial home during proceedings unless a court order says otherwise. If there are safety concerns, an occupation order can regulate who lives in the property.
Does it matter whose name the house is in?
Not necessarily. Even if the property is in one spouse's sole name, the other spouse may have a beneficial interest and the court can make orders in relation to it. The court looks at the overall financial picture, not just legal ownership.
What is a Mesher order?
A Mesher order defers the sale of the family home — usually until the youngest child reaches 18 or finishes full-time education. The primary carer remains in the property with the children. When the trigger event occurs, the property is sold and the proceeds divided in the agreed proportions.
How is the equity divided?
There is no automatic 50/50 split. The court considers all the circumstances — including the length of the marriage, each party's financial needs, the welfare of children, contributions made by each party, and future earning capacity. In many cases an equal split is appropriate, but not always.
What if we have a mortgage?
If one party is to remain in the property, they will usually need to remortgage in their sole name. This requires the mortgage lender's consent and depends on the remaining party's income and creditworthiness. We work with mortgage advisers to ensure the financial settlement is achievable.
What if we cannot agree on the house?
If you cannot agree, either party can apply to the court for a financial remedy order. The court will consider all the circumstances and make an order it considers fair. We always try to negotiate a settlement before resorting to court proceedings.

Client Testimonials

What Our Clients Say

“Martin and the team at PDA Law made an incredibly difficult time much more manageable. Their advice was always clear, compassionate, and practical. I felt fully supported throughout.”

Rebecca H.

Family law client, Chester

* Names changed to protect client confidentiality. Testimonials reflect genuine client experiences.

Martin Dias, Family Law Executive with almost 30 years experience at PDA Law

Your Family Law Specialist

Martin Dias

Family Law Executive

Divorce · Financial Settlements · Children MattersAlmost 30 Years' ExperienceFinancial Remedy & Pension Sharing Specialist

Martin brings almost 30 years of specialist family law experience to every case — divorce, separation, financial settlements and children matters. Clients value his straight-talking honesty, patience, and genuine emotional support throughout what is often a very difficult time.

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Discuss Your Property Options

Expert advice on the family home in divorce. We advise clients across Chester CH1/CH2, Ellesmere Port CH65, Wrexham LL11–LL14 and throughout Cheshire and North Wales.