The Family Home
“It is one of the paramount considerations of the court in any divorce situation, to try and stretch what is available to try and cover the needs of each party for a home.”
(LJ Thorpe – M v B (1998) 1 FLR 53 CA)
The above is a direct statement made by one of the countries leading divorce judges. Whilst the word Divorce is used in this statement it is equally applicable to the Dissolution of Civil Partnerships. In our experience, what should happen to the family home is often the most sensitive and difficult subject in any dissolution of a Civil Partnership. There is naturally an emotional tie to the home for both parties and it is also often the biggest asset the parties have.
The most common questions that our clients often ask us are:
- I am the children's main carer, does that mean I can keep the family home for them?
- Will the home have to be sold?
- If I keep the family home, will I have to pay my former civil partner anything?
- I want to keep the home but the bank won’t agree to take my former civil partner off the mortgage?
We are able to answer all of these questions and the many more that are asked.
It is always important to remember that each case is dealt with on its own merits. However, in deciding what should happen to the family home the courts will consider the following factors:
- The housing needs of any children
- The housing needs of the parties to the dissolution
- Each party's income and earning ability
- The age of the parties
- The length of the civil partnership
- Each party's contributions to the civil partnership
We cannot emphasis enough just how important it is to get the right advice. At Paul Ireland Solicitors we specialise in dealing with the financial issues on divorce.