Breaking up? Who Gets the House?

*This is a guest post about who gets the house if you break up

Financial problems, unemployment, ill-health, extended periods locked up indoors together… It’s no surprise that break-ups and divorces have risen dramatically in the last year.

When a relationship ends, it’s upsetting and stressful for everyone involved. For cohabiting couples, there is the additional stress of figuring out who gets the house. Whether you own the property together or not, this is often far from straightforward. Can you stand living together while you wait for your home to sell? If not, who moves out? Who pays what? 

Let’s take a closer look at your options for dividing a shared home if you separate.

Your Rights to the Property if You’re Getting Divorced

Married partners each have the right to a share in the marital home, regardless of who paid for what in the first place or who paid the lion’s share of the bills. However, this might not mean a 50/50 split. 

If it is not possible to reach an agreement amicably, the courts will decide how the shared home should be divided. This is based on a number of factors, for example:

• Are there any children aged under 18 living in the home?
• How long were you married?
• What financial contributions has each partner made during the marriage?
• How much does each partner earn?
• What are the financial commitments of each spouse?

This is not an exhaustive list and there is a wide range of factors that will be taken into consideration. If there are children involved, their needs will always be prioritised above those of the separating couple.

If you are ending a civil partnership, both of you have a right to the home after separation, regardless of whose name is on the mortgage. A court can help you to decide how the property should be divided during the dissolution process if you are unable to agree amongst yourselves. 

What Happens to the House When Unmarried Couples Split?

It’s a common misconception that cohabiting couples are deemed to be “common-law spouses”. Afforded the same rights as a legally married couple when it comes to dividing a house after separation. 

Common-law marriage does not exist in the UK. Even if you’ve lived with your partner for 20 years, if your name is not on the mortgage, you have no legal right to your shared home after separation. If your partner wants you to leave, they are only required to give you “reasonable notice” to do so; if you remain after this, you become a trespasser in the eyes of the law.

It may be possible to show that you have a “beneficial interest” in the home, which would bestow the right to remain in the property and/or claim a share of its value. This is an extremely complex area of the law, but you are most likely to be successful in staking such a claim if you have lived in the property as your home for many years and contributed to the bills. A qualified professional will be able to advise you. 

Who Gets to Stay in the House during Separation?

Whether you rent or own your home and whether it’s in both names or just one of yours, both parties may have the right to remain in the house until the divorce or dissolution of a civil partnership is final.

If your spouse or civil partner owns the property, you can apply to the Land Registry for “home rights”, which will allow you to remain in the home until the divorce or dissolution is finalised. However, if your spouse owns the home with someone else, this is not an option.

For unmarried couples, it is often less straightforward, which is why a cohabitation agreement is a great idea for non-married couples who decide to live together (hindsight is a wonderful thing, hey?). The Citizens Advice Bureau is a great source of free legal information and support. 

Can I Be Forced to Sell a Jointly Owned House?

If you and your spouse jointly own your home, a court can issue a property adjustment order for the house to be put up for sale as part of divorce proceedings. If there are no children to consider, the court is less likely to stop the home from being sold.

It’s best all-around if you can reach an agreement amicably with your ex-partner, whether you were married or not. Common compromises include one person buying the other out or both parties agreeing to a delayed sale. The latter may be a sensible choice for several reasons. For example, if there are young children in the home, one partner may choose to allow the other to remain in the property until the youngest child reaches the age of 18.

How to Sell Your House Fast and Move On

Most separating couples are eager to have a clean break and move on. Even if you have managed to remain on good terms with your ex, cohabiting after separation can be emotionally draining. 

Selling the “traditional” way via an estate agent and endless viewings can take months — the average time to sell a house on the open market in the UK is over four months, and COVID-19 has led to delays that are making the process even slower. 

Fortunately, there are faster options. If you sell at a traditional auction, the buyer must complete it within 28 days. Modern auctions allow a little more flexibility. The buyer has 28 days to exchange contracts after the auction and a further 28 days to complete the sale.

The easiest way to sell your house fast is to use a reputable cash house buying company that has the funds available to buy your home for cash in as little as seven days. Do your homework and look for a company that is affiliated with organisations such as The Property Ombudsman and has good customer ratings on independent review sites like Feefo. 

Breaking up is always going to be upsetting and stressful. If you share a home, this can be an added stress. It will make the world of difference if you can keep things amicable and move on as quickly as possible. When considering your options, keep calm, do your research, and don’t be afraid to ask for help. This is the best way to find the right solution for your circumstances.