I’m married however our home is in my spouse’s title solely – what occurs once we divorce?

I have been with my wife for 13 years. We have bought a house together, although the house is in my wife’s name only. 

At the time of the house purchase in 2014 I wasn’t in the best financial position, so we agreed she would take the mortgage out in her name only. 

Fast forward 11 years and I am now financially secure, having sorted all my past financial issues.

We will soon sadly be separating and getting divorced a little later down the line. What will happen to the house in this situation? We acquired it together just after we were married and have always halved the bills.

Jane Denton, of This is Money, replies: The divorce process is a turbulent experience for most couples. 

According to the Office for National Statistics, in 2023 – the most recent statistics – there were 103,816 legal partnership dissolutions, comprising 102,678 divorces and 1,138 civil partnership dissolutions. 

You do not need to give a reason to get a divorce or dissolution – this is sometimes called ‘no fault’ divorce. 

It is a good idea to decide between you what will happen to things like your house and any money you share before the application is submitted. 

However, it is still possible to submit the application if you are both unable to agree on such matters in advance. A mediator could help you reach a solution without going to court. 

The crux of your question concerns what will happen to your family home as it is in your wife’s name. 

Assets which are acquired or built up during the marriage, known as matrimonial assets, are generally divided equally. 

Property that is unlikely to be shared between the parties on the breakdown of a marriage is known as non-matrimonial property. 

I asked two solicitors for their thoughts on your case.  

Natasha Grande, a partner at G&G Law, says: I am sorry to hear you are going through a separation. 

I advise many clients on this exact question. A family home and what will happen to it is often an emotionally charged issue in family law.

The family home would be considered by the court on divorce as a matrimonial asset.

There is a distinction in family law between matrimonial property, property which is built up in the marriage, and non-matrimonial property, which was brought into the marriage by one person or acquired via a gift or inheritance. 

Crucially, matrimonial property can be shared on division of the assets on divorce, while non-matrimonial property is not automatically subject to sharing on divorce.

Just because the legal title to the family home is held by your wife does not mean that the house will not be regarded by the court as a matrimonial asset and shared on divorce.

This has been confirmed in a recent case in family law which confirmed that who owns the legal title of an asset does not determine whether it is matrimonial property or non-matrimonial property. 

Given the background you have given, the family home owned by your wife would go into the pot as matrimonial property and be subject to being shared on divorce.

The first stage of deciding who gets what asset on divorce is to determine what assets are matrimonial and should go into the pot to be divided. This stage is known as computation, while the next stage is division. 

Unless you have a pre or post nuptial agreement that says what should happen to the assets on divorce, the starting point will be that the assets built up during the marriage. This would generally encompass the family home being shared equally, even if no financial contributions had been made by one person involved to the family home.

When looking at what is fair the court will examine all the circumstances of the case, the only hierarchy is that first consideration will be given to the welfare of any children who are under 18. 

In terms of what will happen to the family home, there are several scenarios which could happen irrespective of the fact it is held in your wife’s name. 

For example, the family home could be sold, with the proceeds split, or you could agree that your wife keeps the property and you would receive an appropriate lump sum to meet your needs.

If you cannot agree how the family home or other assets will be dealt with on divorce, you will need to take legal advice.  

I would always recommend that you try to reach an agreement out of court, using a process such as mediation. 

If you cannot agree how assets are to be divided, you would have to make an application to court for a judge to decide for you.  

Jake Mitchell, a family law solicitor at Freeths, says: I’m going to presume that the house you bought together is the house you live in, and not an investment or rental property. 

If so, the short answer is that it does not particularly matter in whose name your family home is in. 

The starting point for the division of the family home is equality – the 50/50 principle so many speak of. However, that is not always the case.

Before a court decides on whether to split the value of the house and any other assets you may have accumulated during your marriage, it would first consider whether there is enough to go around in meeting the needs of you and your wife. 

To give an example, if splitting the equity in the home and your other capital left your wife in a position where she could buy a new property but that same settlement left you genuinely unable to rehouse, this might give cause for a reason to depart from equality.

You may hear of spouses splitting their assets unequally, especially if there are children involved. 

The reason for those non-equal splits is not the existence of children as you do not automatically get a ‘top up’ for having children, but because the division was necessary to enable everyone to meet their needs.

In your case, the house was purchased after you married and you have lived in it as your matrimonial home. 

Arguments for it being excluded from division would be difficult to run regardless of it being in your wife’s name. 

As for whether it is going to be split down the middle or some other way, this depends on a whole host of things including what else is in the pot and whether one or both of you is going to need a mortgage to rehouse.

On a final note, you mention you will be divorcing at a later date. I must advise that any agreement you reach with your wife to divide the finances should be properly recorded in a court order, and that can only come with divorce. 

It is always my preference to tackle the divorce head on if you are emotionally ready to do so, and avoid any risk later in life.