When a couple separates, one of the biggest questions is what happens to the family home. It is often the largest asset, the place where children have grown up, and the centre of family life. Decisions around the home can feel overwhelming, but with the right legal guidance, you can move forward with clarity and confidence.

At Lyons Bowe, our Family Law team helps clients across the South West and the UK understand their rights and options from the very beginning. Here’s what you need to know.

Why the Family Home Matters in a Divorce

The family home known legally as the matrimonial home is usually one of the most valuable assets in a relationship. It also carries emotional weight, which often makes negotiations more complex.

UK divorce law aims for a fair financial settlement, not necessarily a 50/50 split. The court looks at a range of factors, including:

• The welfare of any children
• Each partner’s financial needs and resources
• The length of the marriage
• Contributions to the family (financial and non-financial)
• Earning capacity and future needs

Your Main Options for the Family Home

1. Sell the Property and Divide the Equity

This is one of the most common outcomes.

The home is sold, the mortgage is settled, and the remaining equity is divided according to either an agreement between you or a court-approved financial order.

Best when:

- Neither partner can afford to buy the other out

- There are no children living permanently in the home

- Both parties want a clean financial break

Legal points:

• You must agree how the sale proceeds will be split
• A solicitor should draft a Consent Order so the agreement is legally binding

2. One Partner Buys the Other Out

If one person wants to stay in the home often the parent caring for the children they may be able to buy the other out.

This typically involves:

• A valuation of the property
• Agreeing the equity amount
• Arranging a new mortgage in one name
• Completing a Transfer of Equity

Best when:

- One partner can afford the mortgage alone

- The children need stability

- You want to preserve the property as a long-term asset

3. Deferred Sale: The ‘Mesher Order’ or ‘Martin Order’

A Mesher Order allows the sale of the home to be postponed, usually until a specific event, such as:

• The youngest child turning 18
• Completion of secondary education
• Remarriage or cohabitation

A Martin Order postpones sale until the occupying spouse dies, remarries, or voluntarily moves out.

Best when:

- Children need continuity in their home

- Immediate sale would cause financial hardship

- You need time to improve financial stability before selling

4. Continue Joint Ownership

Some couples choose to temporarily keep the home jointly owned for example, as a rental property or until the market improves.

Best when:

- You both agree and communicate well

- It is financially beneficial to delay selling

- You plan a future sale or transfer when circumstances change

5. Transfer of the Home Without a Buy-Out

In some cases, one partner may transfer their share without receiving money upfront.

This may happen when:

• They receive other assets instead
• They are released from the mortgage
• It is the most practical option to support the children

Legal implication:

A solicitor must prepare a Consent Order to prevent future financial claims.

How the Courts Decide Who Gets the Family Home

If you cannot reach an agreement, the court will decide based on what is fair and reasonable.

The primary consideration is always the welfare of the children. Other factors include:

Children’s needs

Children should have a stable and secure home environment.

Financial position of each spouse

The court assesses income, savings, mortgage capacity, and outgoings.

Housing needs

Both parties must have somewhere suitable to live after the divorce.

Length of marriage and contributions

The court recognises financial and non-financial contributions, such as caring for children.

Protecting Yourself: Key Legal Steps

1. Speak to a Family Law Solicitor Early

Legal advice at the beginning can prevent unnecessary conflict and protect your financial position.

2. Get the Property Valued Professionally

A fair settlement relies on knowing the realistic value of your home.

3. Protect Your Rights if the Property Isn’t in Your Name

You may still have a beneficial interest—even if not legally named on the deeds.

4. Secure a Legally Binding Financial Order

Without a Consent Order, your financial ties are not severed, even after divorce.

How Lyons Bowe Can Help

Our Family Law team supports clients through every stage of separation and divorce. We provide:

• Clear advice on your rights
• Guidance on property and financial settlements
• Negotiation support to help you reach an agreement
• Drafting of all legal documents, including Consent Orders, Mesher Orders, and Transfer of Equity

We’ll help you understand your options, protect your home, and move forward with clarity.

Speak to Our Family Law Team

If you are going through a separation or divorce and need advice on the family home, contact Lyons Bowe Solicitors today.

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