Dividing assets during a divorce can be difficult and handling property is a common stumbling block.

Houses often have a lot of sentimentality attached to them and it can be difficult to part ways with them.

It can be difficult to know how to handle property that was once shared by you and your ex, so it is worth knowing your legal rights and responsibilities.

How is property handled during a divorce?

While divorces start from the basis that assets should be split 50/50 between the parties, this does not mean they are clinically handled in this way.

As such, there are a number of options surrounding how to handle property in a divorce that could be right for you.

These include:

• Buying your former spouse or civil partner out of their share of the home
• Selling the home and splitting the proceeds
• Offsetting one person’s interest in the home against another asset

The latter option may centre around one party getting the house while the other is given more of a pension fund, holiday home, or some other high-value asset.

Individual circumstances might affect how the court views your property.

For example, if one of you is looking after children more than the other or has a disability that would make it challenging to find suitable alternative housing, then it is likely that the court will seek to award that party ownership of the house.

In that instance, it may be necessary for the party that is retaining the house to surrender other assets to ensure that the other party is not unfairly missing out.

What happens if an ex refuses to sell the property?

It is not uncommon in divorces for people to want a clean break where they can start again and build a new life for themselves.

While it might seem in the best interests of both parties to sell the property, this does not always happen easily and is a common area of dispute.

We can help guide you through the process of getting the house sold if there are no compelling reasons that would prevent it from being successful.

To start with, it is important to ensure that the mortgage is paid and that any building insurance is covered.

This means that the property is not at risk of being lost entirely and that your share is protected in the event of repossession or property damage.

Part of the divorce proceedings involves you and your ex making full disclosures of your finances.

These disclosures allow you to handle the sale of the property as it better illuminates everyone’s assets and the relative stake they have in the property.

If possible, it is good to come to some agreement with your ex either by speaking with them or getting us to talk to their solicitors.

Where agreements are not possible even after mediation, we can support you in court to ensure that all of the joint assets are divided in a fair and equitable fashion.

At Palmers, we work to support the people of Essex in knowing their legal rights and ensuring that they are empowered.

If you are facing a divorce, speak to our team for professional support.