How is a House Divided in a Divorce?

  • By Dan Green, Home Selling Expert Founder
  • 4 minutes read

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I'm a property expert that still remembers the days when having broadband was a selling point! My articles cover issues that homesellers face in the UK and answer the questions we're all asking. I've bought and sold properties and helped others do the same, so my writing comes from years of experience.

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Important Legal and Financial Questions Answered About How is a House Divided in a Divorce

The breakdown of any marriage is a sad time for all concerned. Ex-partner’s lives can be marked by an unstable future. This instability extends beyond personal upheaval. In most case the separation of assets can be equally complicated and traumatic. There are careful considerations that must be made when deciding how is a house divided in a divorce.

When considering what happens to a house in a divorce, homeowners and ex-partners need to understand their rights. This is especially true of property. Issues such as joint property ownership, with both ex-partner’s names on the property deeds, and the welfare of children are all factored when deciding how is a house divided in a divorce.

With more than 8 years’ experience selling properties fast across the UK at no upfront costs, and 100% hassle-free, Springbok Properties is perfectly positioned to advise you how is a house divided in a divorce and even sell your home quickly to meet a divorce settlement.

To find out how we can help you achieve up to 99% market value for your home in as little as 7 days, call us TODAY on: 0800 068 4015.

How is a House Divided in a Divorce When Ex-Partners Agree?

If you and your partner can agree on how is a house divided in a divorce, then you can yourself much time and solicitor’s fees. This avoids any potential court hearings and undue strain and pressure throughout the distribution of assets.

Ex-partners will each need to get themselves a solicitor to ensure they understand how is a house divided in a divorce and to ensure that all agreements are legally binding. Each ex-partner’s solicitor will draft a Consent Order. Within the Consent Order will be details on how is a house divided in a divorce.

The purpose of a Consent Order is to legally state that both parties have agreed to the financial settlement, and that they give their consent to an order being made without the need for a court hearing. A Consent Order is one of the swiftest and least stressful ways ex-partners can financially agree on how is a house divided in a divorce.

Springbok Properties sells more than 230 homes across the UK every month. We have experience helping homeowners who know how is a house divided in a divorce sell their home quickly. To find out more about how we can help you sell your home, call us TODAY on 0800 068 4015.

How is a House Divided in a Divorce by the Courts?

If ex-partners cannot agree on how is a house divided in a divorce, a judge will decide on the reasonable division of property. Their decision to award property to one partner over another is based on the length of the marriage, and several contributing factors which include:

  • Age
  • Earning potential
  • Savings and additional assets
  • Living expenses
  • Standard of living
  • Ex-partner’s role in the relationship, for example breadwinner or primary carer

Should children be involved in how is a house divided in a divorce, the judge is generally reluctant to cause them undue stress and remove them from the family property. The primary caregiver will usually be awarded the family home as part of any settlement.

Who gets the house in a divorce with children? Typically, the mother but a judge will grant the property to the primary caregiver, or ex-partner who will provide the safest home, ensuring the least upheaval for the child.

If you’ve decided to sell your home as part of a divorce settlement, Springbok Properties can help. We have comprehensive experience selling properties in the event of a divorce. Partnering with leading online portals, including Zoopla, Right Move and Mouse Price, not to mention hundreds of online and print publications, we can ease the burden and strain of divorce.

Call us TODAY on 0800 068 4015 and become one of the 77% of homeowners whose homes we sell in less than 8 weeks!

How is a House Divided in a Divorce with Capital Gains Tax?

Capital gains tax is not applicable when deciding how is a house divided in a divorce providing the family home is awarded or gifted between ex-partners.

However, once a divorce has been legally finalised, when considering how is a house divided in a divorce with capital gains tax, ex-partners may have pay Capital Gains Tax, depending on circumstance.

The guidelines on capital gains tax obligation andhow is a house divided in a divorce are quite complex to discover if any payments are applicable to them. Ex-partners are advised to contact HM Revenue and Customs (HMRC) to seek professional advice. To find out how capital gains tax is applicable tohow is a house divided in a divorce, you will need to provide HMRC with dates of:

  • The degree absolute or dissolution
  • Any contract showing the transfer of any assets
  • Any court order outlining the transfer of any assets

Springbok Properties can help you if you need to sell a home in the event of a divorce. We have sold more than 1800 properties in under 10 days! If you need any advice to explain how is a house divided in a divorce, or to speak to one of our understanding customer service team, call us TODAY on 0800 068 4015.

By Dan Green, Home Selling Expert Founder

author

By Dan Green, Home Selling Expert Founder

I'm a property expert that still remembers the days when having broadband was a selling point! My articles cover issues that homesellers face in the UK and answer the questions we're all asking. I've bought and sold properties and helped others do the same, so my writing comes from years of experience.

Read Full Bio >

Success rate when selling
through estate agents

Selling to house-buying company

  • Formal offer within 24-48 hours
  • Complete in as little as 14 days
  • No contracts - change your mind if you aren’t happy
  • No viewings or chains
  • Sell your house as-is
  • Sell for approx 80-85% market value
  • Some disreputable companies

Selling with Estate Agent

  • Wait for viewings and offers
  • Delays with solicitors
  • Lengthy contracts - can’t withdraw
  • Viewings at inconvenient times, many will be in chain
  • House should be at its best to impress viewers
  • Get the highest price possible
  • Estate agents are tightly regulated

On average, you should expect to sell for 85-90% of you property’s full value when selling by auction.

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