Divorce and Property Solicitors
Going through a divorce is one of the most difficult experiences anyone is likely to face. Not only will you have to deal with the emotional weight of ending your marriage, but there will also be a number of practical and financial issues which need to be resolved – including what will happen to any properties you own with your former partner.
You may, understandably, have concerns about who will continue to live in the family home, where your children will live, how you will financially manage the home and how the value will be divided. These are all issues our divorce and property experts can support you with.
Tayntons’ divorce and property solicitors in Gloucester have many years of combined experience in helping people to navigate the issues related to the division of the family home and any other jointly owned properties. Our team have strong expertise in collaborative approaches to divorce, meaning we will work keep conflict to a minimum while also ensuring we achieve a positive outcome for you and your loved ones.
No matter how complicated your financial situation may be, and how that effects the arrangements you make for any properties you own, we can help you to quickly and cost-effectively agree a settlement that allows you to move forward in confidence, usually without the need for any court action.
Where necessary, we also work closely with our residential property experts, providing a joined up service to ensure every detail is taken care of.
For initial advice and to discuss your legal options, we offer an initial consultation of up to 45 minutes for a fixed fee of £75 + VAT (£90.00).
Our divorce and property services
We have a wide range of expertise when it comes to property arrangements following divorce. Naturally, every divorce is unique and the circumstances related to the end of a marriage will effect what steps need to be taken.
We can advise on:
Reaching a settlement for the family home
When it comes to drafting a financial settlement following divorce, the family home will be one of the most valuable and important assets that needs to be taken into consideration.
There are a number of common outcomes for the family home following divorce, all of which can be negotiated voluntarily or through the courts and be included in the final divorce settlement. These potential outcomes include:
- Selling the house, with the equity being split between both parties. This does not necessarily have to be a 50/50 split, though this is often the starting point for negotiations.
- One partner ‘buys out’ the other and remains in the house.
- One partner stays in the house, while the other receives a lump sum or retains a stake in the house.
- A Court Order, such as a Mesher Order, is put in place. This is where the sale of the house is deferred until a specific event happens, like the children from the marriage turning 18.
Our divorce and property solicitors in Gloucester can work alongside you to establish what the best option would be for your circumstances and how the value of your family home should be divided.
Dealing with joint mortgages
Anyone who is named on a mortgage is liable to contribute to the whole amount due. This means that, even in the light of divorce, if you and your partner have a joint mortgage, you will both be equally responsible for fulfilling the debt.
We can work alongside you to help reach an agreement regarding the joint mortgage, including exploring options such as buying out your partner of the mortgage, transferring a stake in the property or paying off the mortgage in its entirety before selling the home.
Second homes, holiday homes and investment properties
Where you own a second home, a holiday home or an investment property (either in the UK or abroad), there are likely to be a number of potential stumbling blocks during the course of divorce.
We can work alongside you to establish exactly what properties you and your former partner jointly own and their value.
Common questions about divorce and property
Can you make a voluntary agreement about what happens to the family home?
Yes, absolutely. Both you and your former partner will have the opportunity to make a voluntary arrangement about the future of the family home (and any other properties you jointly own), just like you would with any other matrimonial asset.
How do the courts decide what happens to the family home following divorce?
If you and your former partner are unable to come to a voluntary agreement about your property, then it may be necessary for the Courts to find a suitable resolution.
When settling matrimonial finances, including properties, the Courts follow a set of rules known as a Section 25 Checklist. This checklist covers factors such as:
- The earning capacity and income of you and your former partner
- Financial needs and obligations for the future
- The standard of living before the divorce
- The age of each party
- The duration of the marriage
- The presence of physical or mental disabilities
- The contributions made to the marriage
- The conduct of each party
- Marriage benefits that will be lost following divorce
Some of these factors may be given more weight than others which may affect the Court’s final decision on the outcome of the house.
How do the courts divide a house when there are children?
If the Courts are required to intervene, and there are children involved in the divorce, the primary focus will be to look after their welfare. So, any decision made about the future of the family home will be affected by the impact it will have on the children.
The Courts will also take other factors included in the Section 25 Checklist into consideration.
Why choose Tayntons’ divorce and property solicitors?
Our divorce and property solicitors in Gloucester understand just how challenging it can be to make appropriate arrangements for your home following the breakdown of a marriage. As such, we offer an empathetic but practical approach which is designed to make these types of issues as straightforward as possible.
Our team are highly skilled in non-confrontational dispute resolution, meaning we are usually able to support you in making a voluntary agreement without the need for the Courts to intervene. As a result, we can help you make arrangements for your property much faster and at a lower cost – while keeping conflict to a minimum.
All of our divorce solicitors are members of Resolution – an organisation committed to taking a non-confrontational approach to family law. Our family law team is Law Society accredited for Children Law, reflecting our particular expertise in legal matters involving children.
Tayntons is also home to a Conveyancing Quality Scheme (CQS) accredited residential property team, meaning we can provide a reliable, cost-effective service for any property issues related to your divorce.
As a firm, Tayntons has been awarded the Law Society’s Lexcel accreditation reflecting the excellence of our practice management and client care.
Get in touch with our divorce and property solicitors in Gloucester
Looking for help with any aspect of divorce and property in Gloucester, Cheltenham, the Forest of Dean or anywhere in Gloucestershire?