Divorce, who gets the house? what factors determine who legally gets it ?

katesheet

If a married couple have a house, and then in years they have a break up, then if they decide to go separate ways, then what factors determines who gets the house legally?

(lets say they find it hard to come to agreements)


Whose name is on the house deeds?

Whose name the mortgage is on?

whether the mortgage payments come out of a joint bank account/ or single?

or does mortgage name and mortgage payments have No affect on these things?



ADDED
There are no kids,

and the mortgage is only in 1 persons name (It is Not a joint mortgage)

pinkshoes

50/50 split. As a married couple all assets and debts are shared.

(unless for example one paid a 50% deposit on the house, then the marriage was short lived, then the court would probably award them a much higher proportion)

Mojisola

katesheet wrote: »

If a married couple have a house, and then in years they have a break up, then if they decide to go separate ways, then what factors determines who gets the house legally?

(lets say they find it hard to come to agreements)

Whose name is on the house deeds?

Whose name the mortgage is on?

whether the mortgage payments come out of a joint bank account/ or single?

or does mortgage name and mortgage payments have No affect on these things?

None of the above.

Unless the marriage was very short, the split starts at 50/50.

Other factors would then come into play which could mean the split goes more in one person's favour such as caring for children.

wealdroam

Here we go again.

Kate will you please stop posting the same query on multiple boards.

tomtontom

wealdroam wrote: »

Here we go again.

Kate will you please stop posting the same query on multiple boards.

I think a fair few of her threads have been deleted - certainly less than I recall!

peachyprice

The ex wife gets it all, even if it was a short marriage, and even if she never paid a penny towards the deposit or towards the mortgage and even if her name is no on the deeds.

Is that what you wanted to hear?

(it's not true of course, but I can't think of another reason for you to keep repeating the same question, other than if you ask enough times you might get the answer you want)

sammieking

For others wh are reading this for other reasons the simple answe is its complicated but it all goes from the date of seperation and who gets the most is dependent on factors such as personal pensions and SERPS.

bris

Too many variables that we are simply not party too.


See a family law solicitor, there is no one here who can answer you question.