If you are going through a divorce or separation, you are likely to be concerned about the division of any shared property. This is not always an easy issue, but we can advise you of your options and explain to you the ways in which you might be able to keep your property, if that is your preferred outcome.
Divorce & Property
- Carolyn Bawden-Frost
- Senior Legal Assistant
- 01454 859465
- Melody Brown
- David Foster
- Phil Thomas
- Associate Solicitor
- Suzanne Young
- Senior Legal Assistant
Our family law team have in-depth experience in dealing with the division of assets in divorce. We can work on your behalf to resolve difficulties and negotiate the sharing or transfer of property so that you can face the future with a level of certainty.
Our advice to you will be tailored to your exact circumstances and we will ensure that you understand the implications of any decisions that are made. We are known for our exceptional service and your solicitor will be readily available to speak to you as needed to discuss issues that arise and to answer your questions.
To speak to one of our divorce lawyers in Bristol or Winterbourne for legal advice on a divorce settlement and related property matters, call us on 0117 909 4000 or use the links at the bottom of the page to make an enquiry or request a call back.
Our divorce and property services
Assessing your options in splitting your matrimonial property
We will look at your assets as a whole when advising you in respect of your property and discuss with you the outcome that you would like to achieve. There are generally a range of options when it comes to dealing with a matrimonial home, to include one person buying the other out, selling the property and splitting the proceeds or compensating one party with a larger share of other assets.
We can talk through what might be best for you and give you suggestions for how this might be achieved.
In dealing with a divorce and property settlement, both parties are required to make a full disclosure of all of their assets, so we will also go through this with you to ensure we have provided the other side with all necessary information.
Negotiation and mediation in property division on divorce
Once we know what you would like to happen, we can enter into negotiations with the solicitor representing your spouse. Our team have extensive experience in negotiating the sharing of property and other assets and you can be sure we will push for the best possible deal at all times. If an agreement can be reached, we will arrange for this to be sealed by the court into a binding financial agreement.
If you are not able to reach a settlement by way of negotiation, it is generally advisable to consider mediation. A neutral mediator will work with you and your spouse to set out the available options and help you find a way to resolve matters. We can guide you through this process and ensure that any deal reached is fair and reasonable.
We are usually able to resolve matters without involving the courts, but if this is not possible, we can prepare your case for a hearing. We will ensure you have the strongest possible case and that you are represented by a family law expert throughout.
For more information in respect of our services, see our Family Law page.
Why choose Henriques Griffiths’ divorce and property solicitors?
Henriques Griffiths has been representing individuals and supporting families through divorce and separation since 1973. As well as the depth of experience and legal knowledge our team members have, we will also ensure we always deal sympathetically with you. We know how difficult it is to face the ending of a relationship and we will support you and do all we can to make the process as easy as possible.
Our Law Society accreditations & memberships
We are always working to keep up to date with the law and new developments and to provide the specialist advice that our clients need. Our family law team includes members of the Law Society’s Family Law and Children Law panels, reflecting our level of expertise and service in these areas.
Our divorce experts also include a member of Resolution, the family law group that is committed to dealing constructively with divorce, as well as a specialist in domestic abuse cases.
We are able to call on colleagues in related areas of law such as property and conveyancing. We are members of the Law Society’s Conveyancing Quality Scheme in recognition of the quality standard we achieve in property matters. Our property experts will be able to deal with matters such as the sale, transfer or re-mortgage of your home where necessary.
Divorce and property FAQs
How is a house divided in divorce?
There are several options for dividing a home in divorce, to include the following:
- Selling the property and splitting the proceeds
- The property is valued and one party buys out the other, with the property being transferred into the sole name of the purchaser
- Transferring the property into one person’s sole name with the other person taking a larger share of the remaining assets
- Leaving the property in the parties’ joint names but with one person moving out, on the basis that the property will be sold in the future, such as when the children of the family reach 18
How can I keep my house during divorce?
If it is important to you to keep your home, we will work with you to look at how this could be achieved.
If your children will be living with you, the court may be prepared to make an order deferring the sale of the property until a specific event occurs, such as your children finishing school or your remarriage.
If you are eligible for a mortgage, we may be able to negotiate the purchase of the other party’s share of the property.
Another option is to value any other substantial assets that you have, such as a pension, and negotiate a deal whereby you keep the property and the other party has a stake in other joint assets worth the same amount. We can arrange for the valuation of any pensions involved and negotiate with the other side to reach an agreement on how the assets will be divided.
Can I be forced to sell my house in a divorce?
If the court is asked to deal with the division of assets, the starting point will be to share them equally, however other issues will also be taken into account. For example, if one party is in a financially weaker position, maybe because they have given up their job to raise children, then the court may award them a higher share of the assets.
The court’s primary consideration will always be the welfare of any children involved, so it is likely that the person with day to day care of them will be permitted to stay in the home while they are under 18.
The court will also look at the needs of the other party and it may order the sale of the property if this would allow both parties to buy a home. If you are concerned that you may be ordered to sell your house, we can look at the situation and advise you of your options.
What are your rights if you leave the marital home?
If your property is jointly owned, then you will continue to own a share even if you move out. If you need the property to be sold so that you have funds to put down a deposit on a new home, you may be able to ask the court to make an order for sale.
If you do not own any interest in the property, you still have a right to live there if you are married. This is known as matrimonial home rights and gives you the right to live in your spouse’s property without being made to leave, except by order of the court.
If you leave the property, you retain the right to enter and live there. It is important that your matrimonial home rights are registered at HM Land Registry however, so that you are notified should your spouse sell or re-mortgage the property. We can advise you of your rights and ensure they are protected as far as possible.
Contact our expert divorce and property solicitors now
For divorce and property advice, to include arranging mediation or for help from a collaborative law expert, please call our family law and divorce solicitors on 0117 909 4000 or use the links below to make an enquiry or request a call back.