Andrea Boulter, Senior Family Law Solicitor
The impact of divorce upon someone’s family home and mortgage is probably the issue which worries separating couples more than any other. It is the area that demands the most careful legal expertise to resolve.
If you find yourself in this situation, a court would have many points to consider such as: the welfare of any children under 18; balancing the respective parties’ incomes, earning capacity, property and other financial resources; the needs and responsibilities of the parties, the parties standard of living; the parties’ contributions; how the level of your income may change and therefore your ability to rehouse/re-mortgage.
If you have school age children, it is possible that you may be able to retain occupation of the family home long after the marriage is at an end.
Any solicitor would need to be furnished with all the facts about your situation in order to advise you about all your options.
“The family home has a special place in any family and in many cases it is the major family asset,” says solicitor advocate Ursula Rice. So it’s little wonder that when a family breaks down, property will be central to a divorce settlement. What happens to an existing home and where one or both partners go next will depend on the divorcing couple.
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