Who gets the house? - Finances and Property
The law relating to finances and property is completely
different depending on whether you are married or not.
For unmarried couples the ordinary law of property, contract and
the like applies. For those who are married or civil partners
there are specific laws allowing the court a wider discretion to
consider all of their circumstances and make orders which they
consider to be fair.
Ideally we would seek to resolve these issues by the use of
either mediation, negotiation or collaborative law.
Different legal rights depending on marital status
For unmarried couples the specific details as to the ownership
of each item of property have to be considered and the laws applied
accordingly. The law in this area can be very
For married couples the court has to seek to achieve an outcome
which is fair. Once you have established all of the financial
resources available to you as a couple, we would seek to negotiate
an agreement where at all possible. This can be converted
into a legally binding court order.
What if we can't agree about financial matters?
If matters cannot be agreed upon by negotiation, it is possible
to apply to the court for a Judge to consider matters and if
agreement still cannot be reached, ultimately a Judge can hear
evidence and make a final decision which is binding upon you
It is impossible to give a timescale for this transaction.
Sometimes people are able to reach agreement in a matter of
weeks. In other cases matters outside of their control, such
as waiting for pension schemes to supply information, can
cause delays, or the time required for thorough consideration of
the issues before settlement can be considerably longer.
Do you need legal advice about property or finances after a
If any of the issues referred to above affect you, you may wish
to consider taking legal advice. Call our specialist family lawyers
on freephone 0800 422 0243, or complete our contact
form and we will call you back.