The home usually decides the shape of the whole settlement, because both of you need somewhere to live and there is rarely enough equity for two mortgages.
Four routes
- Sell now and split the net proceeds in agreed shares.
- One buys the other out, which requires the lender to release the outgoing spouse.
- Defer sale until a trigger, such as the youngest child finishing school (a Mesher order).
- Transfer the property with a charge back, so a share is paid on a later sale.
The mortgage is the constraint
A court cannot force a lender to remove someone from a mortgage. Get an affordability decision in principle early, because it often rules options in or out before negotiation starts.
This article is general information about the law of England and Wales, not legal advice. For advice on your situation, speak to a solicitor.