Following the breakdown of a relationship, many worry about what may happen to the family home. The Family & Divorce Team at Bromleys explores what might happen to the home following a separation and how the court may view it.
The law says the interests of minor children are the court’s first consideration. The court will do all it can to ensure that any children remain in the family home with the parent who looks after them. That means the other parent may have to find alternative accommodation. If there has been domestic abuse of any kind, the court may use its powers to order one parent to leave the house on an urgent basis.
If extra maintenance is needed to pay the mortgage and any other outgoings, this can be ordered. A lot of people who think they cannot afford to stay in the family home realise that they can, after working out their child maintenance, tax credit and other benefits and in some cases extra maintenance. Other outgoings, such as car loans, can often be re-scheduled.
The court often orders that the family home be sold when the children have grown up. Then it can be shared in a fair way. There is nothing stopping you buying out the other party if the money is available. The court will look at all the facts and try to share out all the assets (including pensions) in a fair way. The person caring for children usually receives more to reflect their extra responsibility and contribution to the family well-being.
Please seek professional legal advice before you move out of the family home with the children. If you do not have the children living with you, seek advice about how the court will approach your situation and whether you may end up worse off by trying to stay in the family home while the children move out.
Divorce and separations are difficult and can cause a lot of distress for all parties involved. Our empathetic and experienced Family Team at Bromleys are here to support you and secure the best outcome for you and your family. Call us today on 0161 884 0905 or email bromleys@bromleys.co.uk and see how we can help.