Do I get half my spouse’s house if we divorce?
In any divorce you are supposed to distribute assets based on financial need, with the best interests of any children prioritised. A 50:50 financial split is therefore not necessarily what would be considered a fair settlement.
If you are already named as an owner of the house at Land Registry, then that does make it simpler, but even if you are not, a share in the property could still very much be feasible, particularly if you are married. However this is very different if you are not married.
Getting a fair share
To make an agreement binding, you need to apply to court for the appropriate order. However, we have seen cases where people made such binding agreements, only to then find that the terms disadvantaged them, as their spouse had not been open about the assets they could share.
While you may agree to transfer assets – like a property – before receiving a final order, the circumstances will need to be carefully weighed. Either way, any mortgage lender would have to agree, often requiring a remortgage. Having the right solicitor on your side who knows your rights and will also prioritise your children’s needs is crucial.
Burley Geach can assist clients with divorce, pre-nuptial agreements, inheritance tax and lifetime planning, trusts, wills, lasting powers of attorney, divorce, and residential and commercial property. To contact us, simply get in touch with our team or complete our enquiry form.
