There are many important arrangements to consider when you are separating from your partner. One of the most challenging aspects can be determining the outcome regarding your shared house.
The specifics of what happens to your house upon separation depend on your individual circumstances and any existing agreements with your former partner.
If you require personalised advice on the implications for your house during a breakup, our team can offer comprehensive support and guidance tailored to your situation.
What happens if you break up with someone you own a house with?
If you are married:
If you are married, the house is typically considered part of the marital assets to be divided between you and your former partner upon divorce. Both of you generally have an equal right to claim ownership of the property, and the final agreement can be reached voluntarily. If no agreement is reached, the courts may intervene to make a determination.
There are usually two main options for handling the house during a divorce. First, the property can be transferred into one person’s sole ownership. Alternatively, the property can be sold, and the proceeds (equity) will be divided between both parties.
If you reach a voluntary agreement, it can be formalised and legally binding through a consent order. Without a consent order, your former partner could potentially make future claims on your assets, including the house.
If you have a prenuptial or postnuptial agreement in place, it will outline your financial rights and obligations, including regarding the house. While not strictly legally binding in all cases, a prenup or post-nup will be considered by the courts if there are disputes during divorce proceedings.
If you are unmarried
If you are not married, the ownership of property is more complex. By default, unmarried partners typically do not have automatic legal rights to each other’s property, which can lead to challenges during a separation.
In such cases, the courts can determine property ownership and shares based on actual financial contributions and intentions.
If both partners are listed on the property title deeds, decisions regarding the home must be made jointly. However, if your name is not on the deeds, you do not automatically have the right to remain in the property or claim a share of the sale proceeds.
For unmarried couples, a cohabitation agreement can be beneficial. This agreement documents each party’s intentions and contributions, providing clarity and protection in case of a separation.
What happens if you split up when your partner owns the house?
If your former partner is the sole owner of the house, your rights may be limited unless you have a cohabitation agreement in place.
Typically, without such an agreement, the legal position is that you do not have an automatic right to a share of the house. However, you may be able to demonstrate a claim to a share if you have contributed towards the mortgage payments or invested in home improvements.
What to do if you split up with someone you own a house with
If you split up with someone with whom you own a home, you will most likely have various options, the most appropriate of which will be determined by your specific circumstances.
Typical options involve:
- Selling the house and splitting the equity
- One party ‘buying out’ the other’s share of the house
- Keeping the house and not changing ownership until a specific trigger event (such as your children moving out)
- Transferring part of the value of the property from one party to the other
If more than one property is owned, it is recommended that timely advice be obtained during the tax year of separation in order to minimise tax implications on any potential transfers.
What happens if you have a joint mortgage and split up?
If you have a joint mortgage and separate from your partner, both of you remain equally responsible for continuing the mortgage repayments. This responsibility continues even if you no longer reside in the house, and it persists until a decision is reached regarding the house’s status.
Our solicitors are here to help
If you are navigating a divorce or separation and are uncertain about the fate of your house, we provide expert guidance and support to clarify your rights and outline the necessary steps.
At DLS Solicitors, our experienced family lawyers offer specialised legal advice on various matters, including cohabitation agreements, disputes between cohabiting partners, and the comprehensive implications of marriage on your property, including the potential need for a prenuptial agreement.
We can also assist in formalising divorce settlements into consent orders for legal validation.
