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Guide To What Happens In A Divorce

Going through a divorce can be a mentally, physically and financially demanding thing. While it can be done amicably and without grief, there is always the possibility that unexpected speed-bumps occur which can make the whole process all the more complicated. Knowing what to expect throughout the process ahead of time can go some distance in regards to saving time, money and the emotional effort involved.

What to expect in a divorce process?

If you and your partner are divorcing, there is a high probability that you are struggling to agree on things. Should you find difficulty in agreeing to whether or not you should get a divorce, you may want to consider mediation. Divorces can sometimes end up going to court so taking steps to avoid this can be helpful; mediation is one of the more common options couples can take. If mediation does not seem like a viable option, things may have to become slightly more litigious - going to the court and getting advice from a solicitor may be your only way of getting the decision that works for both of you. From this, they will help you to establish which of the five grounds will be cited when divorcing. These are:
  • Adultery

  • Unreasonable behaviour

  • Desertion

  • Two years of separation with consent

  • Five years of separation without consent

The solicitors will be able to provide you with all of the information you will need, regarding how long the process will take, how much it will cost you as well as any other things that may be of relevance. Divorcing is almost always a difficult process to go through, not strictly in terms of the work needed to get it finalised but in regards to the ongoing stress and conflict that can arise. Being respectful and amicable will prove to be invaluable throughout the process however being prepared and knowing how to manage the process could be even greater.

What can happen to your house during a divorce?

One the divorce process is underway, it will come time to divide up assets. We have written before about splitting assets during a divorce but when it comes to property, there are a number of options that you will have.

Buying out your ex-partner’s mortgage

With a joint mortgage, it is possible to transfer ownership entirely to one party. There are some advantages to this; there is no dependency on the ex-partner and an otherwise break away entirely, offering each party to carry on with their lives. The disadvantage to this is that in buying out your ex-partner’s share of the mortgage, you then have to make up the difference on your own. This may not be an option which is where a ‘guarantor’ mortgage comes in. This works much in the same way a guarantor for a rental property works.  

Retaining a stake in the property

This option sees one party stay in the house while the other leaves, but holds a monetary stake in the property. When the property is sold, the stake-holder will receive a lump payment.

Property vs other assets

This option is somewhat more “down the middle” than others. One party receives ownership of the property while the other receives assets of equal value. Although it can appear to be more 50/50, it may prove to be more complicated and less practical than others.

Selling

As divorces can be very expensive; applying for divorce petitions, solicitors fees as well as settlements can all add up very quickly. Selling your home can cover these costs as well as giving both parties the financial means to start over independently.  There is, however, the issue that selling a home can be a very long and arduous process with its own stresses, responsibilities and extra fees. There is, of course, a solution.

Sell your house fast to cover divorce costs

Spring are experts in fast selling properties. Our experience in buying properties, particularly as a result of divorces and relationship breakdowns, has positioned us as one of the leading home-buying services in the country. If you and your ex-partner believe that the best course of action for your property is selling, do not hesitate to contact us today. Our team of dedicated property experts can talk you through our process and give you a better understanding of how to manage your situation. For more information on how we can help you, get in touch with us today.

FAQs

The FAQs can be added in the accordion style.

Can my ex partner force the sale of our home without my permission?

If the mortgage for your home is in both of your names, they will not be able to sell the property without your permission. If the mortgage is only in one name, selling the property may be more difficult than you would expect as both parties have the right to stay in the property.  For more information regarding housing rights and divorce, visit our guide.

Will we have to go to court to decide what happens to our property?

You can avoid going to a lengthy court hearing altogether if you can agree beforehand on any settlements. However, if you cannot come to an agreement, the court will decide what happens on your behalf.

Will the reason for our divorce factor into the settlement?

Only in very rare cases. If there are children involved in the discussion, their wellbeing is the primary concern. Otherwise, the reasons for divorce often never play a part in the settlement.

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