For most couples the family home is the single biggest asset. There is no fixed rule about how it must be split - the court starts at 50/50 but adjusts for children's needs, the length of the marriage, and each party's mortgage capacity.
The three usual outcomes
- Sell now and divide the net proceeds.
- Transfer to one spouse (usually with a lump sum or pension offset to the other).
- Deferred sale - one spouse (often with the children) stays until a trigger event (Mesher order) or until a lump sum can be raised (Martin order).
What the court weighs
- Housing needs of any children under 18
- Each spouse's mortgage capacity and income
- Length of the marriage and pre-marital contributions
- Whether a clean break is achievable
This article is general information about the law of England and Wales, not legal advice. For advice on your situation, speak to a solicitor.