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Selling the family home may be part of the divorce process and it can be emotionally and financially significant.
It’s good to know and understand your options, whether you’re hoping to stay in the family home, divide it fairly, or downsize for retirement. The process is often complex and requires navigation through financial negotiations, legal considerations, and emotional factors. Having the right legal guidance can make the process manageable and smooth.
How Does Selling the Family Home Work?
One of the key considerations after during a divorce is what to do with the family home.
For some individuals, retaining ownership is preferable, whereas others might decide that they want to sell it to fairly divide the couple’s shared assets. In examples where one spouse wants to continue living in the home, arrangements can be made where pensions or other finances can be used to offset the property’s value.
The purpose of a divorce settlement is to achieve fairness and cover the future needs of both spouses. Courts try to factor in as many considerations as possible when coming to a decision, including:
- How much each spouse is or can earn
- What their childcare responsibilities are and will be
- What assets they both already have
If it’s decided that one spouse wants to keep the family home, they may be told to refinance the mortgage or give the other spouse a portion of the home’s value. If the house is sold, both parties must agree on how to split the proceeds, as well as other details about the sale, such as when it takes place and its terms.
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What to Expect From Our Family Finance Solicitors?
At TV Edwards, we understand that selling your family home during a divorce or separation can be an emotional, complex, and burdensome decision.We’re here to make the process as smooth as possible.
Our experienced family finance solicitors can guide you through it, be it helping you negotiate a fair settlement, understanding your rights, or getting you the best possible outcome going forward. Our advice is clear, practical, and tailored to your circumstances and needs.
The process
Beginning with the initial consultation, we’ll look at your financial situation and talk you through your options, which might include:
- Selling the property
- Negotiating a buyout
- Exploring other arrangements
If an agreement can’t be reached with the other party, we can represent you in court to help get you a fair resolution. Our family finance solicitors will also work together with financial experts, valuers, and mortgage specialists if needed, as doing this will make sure you have all the necessary information required to make informed decisions.
We understand it’s in everyone’s best interest for us to reach an amicable settlement, but our solicitors will always advocate for you if disputes arise. With extensive experience in family law and financial settlements, TV Edwards is committed to securing the best possible outcome for you and your family during this process.
We subscribe to the Resolution Code of Practice and encourage a constructive and non-confrontational approach to resolving financial matters. We’ll help you reach a fair agreement, usually through negotiation and mediation or, as a last resort, the court.
Why Choose TV Edwards?
Our specialist family team is top ranked in Chambers UK and highly commended in the Legal 500 2025 legal directories. The department has been recognised in The Times as a top 20 firm for family law in their 2025 guide.
Having a large team of dedicated and specialist solicitors means that we can advise in a wide range of family cases, including divorce, finances and children. Our specialist expert divorce solicitors handle complex cases with significant assets. Our specialist children lawyers are often at the forefront of family law handling groundbreaking cases in the high court and court of appeal.
We are passionate about the work do and are committed to provide exceptional client service to get you the best possible outcome in often stressful circumstances.
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Selling the Family Home Frequently Asked Questions
Do we have to sell the family home during a divorce?
Selling the family home isn’t mandatory in every divorce. One spouse may decide to keep the home instead.
It might be that one spouse decides, for the sake of stability within the household and especially for the children, that they want to keep the family home.
If this happens, the other spouse still needs to get their share of the house, which can be done by giving them either money or assets like savings, a pension, or other property, which make up for what they would get on the family home. If an agreement can be made on how to split things fairly, the house might need to be sold and the sale money split between the two spouses.
How is the sale price of the family home determined?
he property’s market value usually dictates what its sale price will be. Often, the market value can be obtained from an estate agent or a professional appraiser.
The evaluation of the property will usually take into account factors like its location, condition, previous sale value (if any), and the sale value of similar homes in the surrounding area. Once the price is settled on, both spouses will have a good idea of how much they will get once it’s been sold.
What happens if one spouse wants to stay in the family home?
In the case where one spouse wants to stay in the family home, a financial buyout of the other spouse’s share of it may be in order, which might be done through refinancing the mortgage or using other assets.
Assets like pensions, savings, and other investments could all be used to complete the buyout. The court will oversee how fair the decided-upon arrangement is, as well as how affordable it is.
How are the proceeds from the sale divided?
The actual divorce settlement is used to decide how the proceeds from the house sale are divided. The financial contributions given by each spouse and their individual future needs will be taken into account when making this decision.
Various factors will affect the way the home sale proceeds are divided, including the marriage length, how much each spouse contributed to the property, and what their financial situations and requirements will be going forward. Courts will try to be as fair as possible, also considering any children’s needs and any other factors that might apply. This will differ from case to case.
Can I delay selling the family home during divorce proceedings?
In the case that there are pertinent and valid financial or emotional reasons for delaying the sale of the family home, it might be permitted, though it’s essential for both parties to agree to this.
Both spouses have to come to an agreement for the home’s sale to be delayed. The court will only allow it if there are legitimate reasons, such as allowing time for one or both of them to organise their finances, or to provide a stable environment for children living there. If an agreement isn’t attained by the two spouses, the court may intervene to make sure the sale happens in a timely fashion.
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