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Guide · England and Wales

What happens to the family home

Deciding what to do with the home is often one of the biggest decisions when you separate. Here are the main options and the things worth knowing early.

Last checked: 25 October 2026. See our sources.

In short

  • The main options are to sell, for one of you to buy the other out, to keep it without changing who owns it, or to move part of its value from one of you to the other.[1]
  • If you have children, a court takes into account that they need somewhere suitable to live with each parent.[1]
  • Even if you both agree, a mortgage lender doesn't have to take one of you off a joint mortgage.[1]
  • If you're married and the home is in your ex-partner's name, you may be able to register 'home rights'.[2]

The main options

  1. Sell the home, both move out, and divide the money.[1]
  2. One of you buys the other out.[1] Our borrowing checker gives an illustrative idea of what you might be able to borrow on one income.
  3. Keep the home without changing who owns it. For example, one of you might live there until the children are 18 or leave school. You'd need to agree what happens after that, and who pays the costs in the meantime.[1]
  4. Transfer part of the value from one of you to the other as part of the settlement. The person giving up their share keeps a stake, and gets a percentage when the home is sold.[1]

Putting off a sale: Mesher and Martin orders

A court in England or Wales can put off the sale of a home.[1]

  • A Mesher order delays the sale until a set event, such as the youngest child turning 17 or 18. The money is then divided as the order says.[1]
  • A Martin order lets one person live in the home for life or until they remarry. It's most often used when there are no children.[1]

Children come first

If you have children, especially young ones, a court takes into account that they need somewhere suitable to live with each parent.[1] When a court decides how to divide things, it makes arrangements for the children first, especially their housing.[3]

Your right to stay in the home

If you're married or in a civil partnership and the home is in your ex-partner's name only, you can register your 'home rights' with HM Land Registry. This can help stop your partner from selling the home.[2]

  • There's no fee if the home is registered with HM Land Registry. If it isn't, it costs £1.[2]
  • You can usually only rely on home rights until the divorce or dissolution is final and a court settlement is agreed. A court can make a 'continuation order' to extend them, for example during a dispute about who owns what.[2]

Your rights are different if you own the home jointly.[2] If you weren't married or in a civil partnership, different rules apply. Citizens Advice explains them.[4]

Joint mortgages

Many couples try to move a joint mortgage into one name. Whether that's possible depends on your finances.[1]

  • The lender will want to be sure the person taking it on can afford the payments.[1]
  • Even if you both agree, or a court orders it, the lender doesn't have to release the other person. Lenders use their own criteria and can say no.[1]
  • While you have a joint debt, such as a mortgage or loan, your credit files are linked, so how one of you manages it can affect the other.[1]

Make it legally binding

Whatever you decide about the home, make it legally binding with a financial order, usually a consent order if you agree.[5] Without one, a court can't enforce your agreement if there are problems later.[5]

Other guides

Who can actually advise you

Splitt gives general guidance, not advice. For advice on your own situation, these are the people to talk to:

  • Family solicitorGives legal advice on your rights and options, and whether you're getting a fair deal. A solicitor can also ask a pension on divorce expert to look at your pensions.[6]
  • Family mediatorHelps you both work through the decisions you need to make, without taking sides. A mediator can't give advice, but is usually much cheaper than legal advice.[6]
  • Financial adviserGives financial advice, for example on your pensions and how a settlement affects your plans for the future.[6]
  • Pension on divorce expert (PODE)A specialist who can examine all your pensions, write a detailed report and recommend how to split them.[6]

Free, impartial help

Find a mediator or family lawyer

Directories run by professional bodies. We don't recommend or receive anything from any listed professional.

Sources

Last checked: 25 October 2026. We read every source below on that date. Rules and fees change, so check the official page before you act.

  1. Dividing the family home and mortgage during divorce or dissolution, MoneyHelper. https://www.moneyhelper.org.uk/en/family-and-care/divorce-and-separation/dividing-the-family-home-and-mortgage-during-divorce-or-dissolution
  2. Stay in your home during a separation or divorce, GOV.UK. https://www.gov.uk/stay-in-home-during-separation-or-divorce
  3. Money and property: get the court to decide, GOV.UK. https://www.gov.uk/money-property-when-relationship-ends/get-court-to-decide
  4. Living together and marriage: legal differences, Citizens Advice. https://www.citizensadvice.org.uk/family/living-together-marriage-and-civil-partnership/living-together-and-marriage-legal-differences/
  5. Money and property: if you agree (consent order), GOV.UK. https://www.gov.uk/money-property-when-relationship-ends/apply-for-consent-order
  6. Split pensions in a divorce or dissolution, MoneyHelper. https://www.moneyhelper.org.uk/en/pensions-and-retirement/pension-problems/split-pensions-in-a-divorce-or-dissolution

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