A Guide to Marital Property: What Happens to Our Home?

Unfortunately, marriages do not always last. While we should always work to fix any problems in our marriages and should diligently try to accommodate our spouses in times of hardship, things do not always go smoothly. After a divorce, or in the midst of one, you may be faced with an awkward question: what happens to our home? This is not a straightforward question, and its answer requires careful thought, consideration, and research. We have prepared all of that for you, however, so you need only consult this page to find out everything that you need.

In this article, we are going to tell you what happens to your home during an awkward divorce. We hope that you will enjoy what we have to offer you and that you will find this page informative and interesting.

Here is a guide to martial properties and what happens to your home during a divorce.

Division of Assets

When you are going through a divorce, you will have to form a division of assets. This is, essentially, a process wherein you calculate what belongs to who. It will also be a process in which the property is cut down the middle and is distributed evenly between both parties. It will be sold, that is, not sliced in half and walled off! A division of assets is a standard process when it comes to getting a divorce and will not stop with your home, and rather, will encompass all of your belongings and shared properties and items.

Buying Your Partner Out

When you are in the middle of a nasty divorce, both parties may fight tooth and nail for the property. However, you can buy your partner out (providing that they accept). If you are desperate to keep your home, you will be able to buy out your spouse but will have to buy them out with half of the current market value. Buying your partner out is a complex process and will require legal representation. It is important to document everything when buying out your partner.

Selling Your Home

Another possibility is that, after a divorce, you sell your property. You will find selling a house after divorce to potentially be the easiest option. This option will see both of you get your money back and will mean nobody stays there and makes the other person’s life difficult. You will very likely not want to remain in a home where you and your spouse used to live, anyway. It will likely be filled with memories and pain. This is the main reason that people do sell. Selling your home could be the best option for every person included.

Right of Occupation

If your partner owns the house, you can apply for the right to occupy it. This is, essentially, when the government tells your partner that they must allow you to stay in the property. This can be a very awkward situation for both parties; the property’s owner may desperately want to sell and be shot by you, and you may want to remain in your home. You can apply for the right to occupy directly to the divorce court. Right of occupation can be a very complex process, however, and does not happen overnight.

End of Right to Occupy

Generally, a person’s right to occupy ends when the divorce is finalized, if their spouse dies, or if they release their right to occupy through writing. It can also be ended by court order. All of this should be explained to you by your solicitor when you are applying for the right to occupy. The end of the right to occupation can be very stressful if you have nowhere to go, though with that said, you are entitled to certain things to sort you out. You may find yourself offered a government property to house you in absence of anywhere to go.

Legal Aid

The most important thing that we can recommend to you is that you seek legal aid. A professional solicitor or attorney will be your best bet in this situation. You will want to get the best advice that you can and must ensure that you are properly looked after. Legal aid is very important. It can be costly, however. Look for a solicitor as soon as you decide to divorce. Divorces can be messy, as we all know, and one side may refuse, which is even more of a reason to hire a solicitor.

In this article, we hope to have explained to you what will happen to your home in the wake of a divorce. We hope you have enjoyed reading this article and that you now understand the process of what will happen to your home after a divorce. Thank you for reading!

Follow Us