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The main options that you can do when going through a divorce is to:  


  • Sell the home, with both of you moving out 

  • One person buys the other out 

  • Keep the property as it is, with one partner living in it 

  • Transfer part of the value of the property from one partner to the other. The partner whose ownership rights were given up would then keep a stake in the home for when it is sold.  

Are there any other options? 

In England and Wales, a court can put the home through a Mesher order.  
A Mesher order puts off the sale of the home until the triggering of an event such as the youngest child turning 18. 
When the property is then sold, the net proceeds are divided in accordance with the court order. 
There is also the option of a Martin order which does the same thing as a Mesher order but entitles one partner to occupy the property for life or until remarriage.  
A Martin order is most commonly used when there are no children involved and the partners don’t particularly need the money. 

In Scotland, however, if you bought the home after your married, then the value of your home will be considered when working out your settlement. 

Should you decide to transfer the home to one partner, it will need to be valued on a date that you both agree, usually as close to the date of the transfer as possible. 

What if I have children? 

If you have to go through a full court hearing to settle your financial disputes, then they will take the fact that you have children that need somewhere suitable into account. 

Most divorces result in both parents downsizing in properties but it’s important that you keep your children’s mindsets as one of your priorities and try to disrupt them as little as possible. 

We’re on a joint mortgage. Now what? 

If you have a joint mortgage and only want to have one partner’s name on it depends on your financial situation. 

You can get your name is taken off the mortgage, which means that you should be able to borrow more than if your name was left on your ex-partner’s mortgage.  

Once you take out a joint mortgage with someone, your credit files become linked, meaning if your partner gets a bad mark, so do you.  
However, it’s possible to break this link which means that there will be no connection between the two from thereon. 

For advice on your mortgage whilst going through a divorce, speak to one of our expert advisers who will be able to help you with the next steps.