The primary concern for many people is whether they will be able to remain in the family home or where they will live if they have to move out. When dealing with financial matters, the first consideration is looking at both parties’ accommodation needs and how these can be met from the assets available. If there are any children of the family their housing needs are paramount.
- The court can make a number of orders in relation to property:
- The property can be transferred into the name of either party;
- The property can be sold and the proceeds of sale divided between the parties;
- One party can be given the right to remain in the property until a certain event, such as the youngest child reaching the age of 18, after which the property may be sold.
We will assess your personal situation and your aims in relation to the property and consider how this can be achieved. If you plan to remain in the property but do not have sufficient income to pay the mortgage and meet other outgoings, you may need to consider making an application for spousal maintenance assuming the house you seek to remain in is not unreasonable.