How is property dealt with after divorce or separation?

During separation or divorce proceedings, you’ll have to decide who gets what. This includes your home, and any other property you may jointly own. One person may feel they should stay in the family home with the children, but one person could also feel they should have the property as they contributed more money or lived there first.

What are the laws if we are married?

Your personal circumstances will be included in any financial arrangements considered by the Court during the divorce. They will examine all factors included to determine the best course of action for any assets. 

Things are slightly different depending on whether you are married and whether or not you have children together. 

As one half of a married couple, you are entitled to a share of your partner’s assets. Even if you’re not the legal owner, you may still have a legal right over the house. There are options for protecting your personal assets in a marriage, more commonly known as a pre-nuptial agreement.

If children are involved, the parent considered the ‘primary care-giver’ will generally get to stay in the family home. This will also be determined by other factors covered in family law, such as the nature of the divorce.

What happens if we aren’t married?

There aren’t many specific laws for unmarried couples, so the decision will largely depend on how the home is owned, and who has legal rights over any property. 

Regardless of how long you have been co-habiting, you have no automatic legal right to your partner’s assets. Often, people will move into a home that their partner already lives in, for the ease of transition and perhaps lack of affordability for purchasing a new property together. If the relationship breaks down, this person could quickly find themselves with nowhere to live.

While the person moving into their partner’s pre-purchased home registered solely in their name may contribute to mortgage payments or renovation costs, this doesn’t give any right to the ownership of the property. 

Even when a couple buy a house together, if the property title and mortgage is only in one person’s name, they will have a larger claim to the house. 

You can create a cohabitation agreement, which is a legal document detailing what should happen to any financial assets should the relationship break down in the future, from property to savings accounts.