Who receives the house in a divorce? Splitting Assets
A divorce can be a very hard time for people. Divorce is normally a lengthy process but discussion on ‘who gets what’ or division of assets in divorce, normally arises quite quickly. We are sympathetic to this situation and would like to help by giving you as much information as possible in order to help you understand the process better.
Divorce house rights can be complicated. This can be very frustrating for those who are divorcing, and unfortunately there is no simple and clear-cut answer; there is no such thing as a ‘standard split’ of assets such as the family home. There is no ‘one-size-fits-all’ formula and it’s not always based on the legal ownership of the home nor the mortgage payments.
1. Joint Tenants
Most properties are purchased as ‘joint tenants’, this means each co-owner owns the whole of the property and neither owner has a specific or identifiable share. If you sell the property, you are each entitled to half the sale proceeds regardless of how much you each contributed to the purchase price or to the mortgage repayments. Neither co-owner has a separate share in the property that can be sold.
Being ‘Joint Tenants’ also means that the Norwich property automatically goes to the other owners if you die and that you cannot pass on your ownership of the property in your will.
2.Tenants in Common
However, some properties are purchased as ‘Tenants in common’ which means that whatever the certain percentage of the property you own is, if you pass away, you can have your share go to a child for instance, and not automatically go to the other ‘Joint tenant’.
Ideally, you and your former spouse will decide together to register as tenants in common as a mutually agreed part of your divorce. However, there is no legal requirement for one joint owner to obtain the consent of the other prior to registering a tenancy in common. You should speak to your family lawyer for advice if you receive a notice of severance in the post without consultation.
Selling our Property
Remember, the value of the Norwich property can be estimated but until you receive an offer, you won’t know it’s value. You can have a few valuations by local estate agents, they will base their prices off of recently sold properties in the area, homes that are similar sizes etc. This will give you an indication and if you were to bring the property to market, that’s the price you might advertise it at, depending on how quickly you want to sell but the market itself always decides the price. For instance, as you put your property on the market, two other properties in the neighbourhood might put theirs up, increasing supply and thus decreasing demand.
In the situation of divorce property settlement, there are time implications. Both parties want to move on with their lives and move forward with the process but arguments might arise based on offers for the property, are you happy to wait for the right price whilst in disagreement? At ZebraBuyer, we may be able to help with this part of the process please call us on 01603 851581.
During the divorce, both parties should make sure to still be making payments towards to jointly owned property as both parties are responsible. Not only this, but both parties want to ensure that you receive your fair share of equity once the property has been sold.
Divorce House Rights
It is common for one spouse to move out during separation and divorce, normally in order to reduce tension and conflict. However, this does not mean that the spouse moving out automatically forfeits rights to the ownership and occupation of the house.
Legally, both spouses have ‘home rights’ until financial remedies are imposed by the court as a permanent arrangement or if they come to a mutuallyagreed financial settlement. Home rights refers to your rights to the family home, these rights exist regardless if you legally own the property or are not named on the mortgage. This protects both spouses and means neither can be forced to leave the home, unless there is domestic violence or a court order.
Home rights are useful in the short-term before anything is finalised by the courts, after which, none of the home rights have an impact going forward after the court system.
The above content has been written as a helpful guide to the process of selling a property during a divorce but we strongly suggest that you consult with a solicitor to confirm everything and anything mentioned above.