“Haidee thank you so much for all that you have done for me over the past many months. I certainly would not be in the positive position going forward which I now am without your help, advice and professionalism.” – Review Solicitors
How we can help
Our expert and compassionate Family Home and Divorce Solicitors can advise on dividing your family home in divorce, civil partnership dissolution, and separation.
Ranked in Chambers and Partners for family and divorce law, we have represented clients in Milton Keynes, Northamptonshire, Buckinghamshire, Oxfordshire, Bedfordshire, and the widerThames Valley and South East including London for over 20 years. We established our firm in 2005 with a clear focus to handle complex and high-net-worth financial settlements, including property division, with the rigour, legal strategy, and compassion they demand.
The family home is often the largest asset in a marriage, and decisions about its future can have significant implications for housing, stability, and children’s welfare. We are a tight-knit team dedicated to protecting your long-term interests and securing the best possible outcome.
As members of Resolution, we prioritise amicable resolution wherever possible, offering collaborative law, mediation, early neutral evaluation, and family arbitration alongside traditional Family Court representation.
Our Expertise
Why Purcell Solicitors for legal advice on dividing the family home in an divorce
Recognised as a Band 2 Leading Firm in Chambers and Partners, our team of highly experienced solicitors, mediators and arbitrators has guided many people through property division in divorce and separation for over 20 years. This ranking reflects not just our legal expertise but our proven track record in securing the best possible outcomes for our clients in property-related cases.
In the words of Chambers and Partners:
“Purcell Solicitors is a well-regarded boutique firm that draws praise for its assistance with divorce proceedings. The team in Milton Keynes is active in matrimonial finance cases, including those involving complex business assets and overseas property, and also advises on Children Act proceedings. The firm provides a highly capable mediation department.”
We are absolutely committed to treating you with the care and understanding you deserve. We know that your family’s circumstances are unique, and we never lose sight of that. Whether your case involves a straightforward property transfer, a complex arrangement involving children and shared care, or multiple properties, we bring both analytical rigour and genuine human compassion to every case.
By entrusting one of our family home and divorce solicitors to handle the negotiation and settlement on your behalf, you can ensure your housing needs are fairly met. Choosing us lets you focus on your family’s well-being and planning for the future.
Our family home and divorce solicitors will find the most cost-effective, fair, and lasting solutions for your situation and will keep you informed at every stage of your journey. We will guide you through the practical steps to implement your settlement, ensuring the process is clear and manageable.
Get in touch today to discuss your situation in complete confidence.
Get in touch today to discuss your situation in complete confidence.
Purcell Solicitors is where expert legal knowledge meets genuine human understanding. Your family deserves both.
We can assist with any aspect of dividing the family home in your divorce or separation in England and Wales, including:
Initial advice on your legal rights regarding the family home during and after divorce.
Understanding the legal ownership and any mortgage or other liabilities affecting the property.
Advising on the relationship between housing needs and the overall financial settlement.
Considering the available options for the family home, including sale and division of proceeds, transfer to one party, buyout arrangements, or deferred sale.
Protecting the interests of children and ensuring adequate housing for both parents where children are involved.
Calculating the equity in the property and negotiating how it should be divided.
Considering tax implications of different options, including capital gains tax and stamp duty.
Drafting settlements that clearly set out who owns the property after divorce and how any mortgage will be discharged.
Managing the practical steps needed to implement the settlement, including property transfer or sale.
Representation in financial remedy proceedings at court where needed.
Our Experts
Who we are
Our core financial settlement team is made up of
Pauline Purcell, Managing Director, Family Solicitor, Mediator, Collaborative Lawyer and Family Arbitrator, with over 30 years of experience.
Mandi Austin, Director, Family Law Solicitor, a member of Resolution and an accredited specialist on the Law Society Family Law Panel, with over 25 years of experience in family law as a qualified solicitor.
Lisa Buckridge, Director, Family Law Solicitor, Collaborative Lawyer, Family Mediation Council-accredited Mediator, and fully accredited in Child Inclusive Mediation, with over 20 years of experience in family law
Haidee French – Family Law Solicitor, a Member of Resolution and an accredited specialist on the Law Society Family Law Panel with over 12 years of experience in family law
As members of Resolution, we are bound by a Code of Practice that reflects our philosophy. Regardless of the circumstances of your case, we work towards fair, dignified outcomes that protect your interests and your children’s well-being. We have spent more than 20 years proving that excellent legal representation doesn’t need to be aggressive or cost-prohibitive. Instead, it demands clarity, strategic thinking, and an unwavering focus on what truly matters to you and your family.
Can I stay in the family home if it is in my former partner’s name?
Both of you have legal rights to remain in the family home during the divorce, whether it is owned jointly or in one person's sole name, unless domestic abuse concerns exist and a court makes an Occupation Order determining who is entitled to occupy. However, if the property is owned by your former partner you cannot stay in the property indefinitely unless you have a financial settlement that gives you the right to do so.
If the property is in your former partner's sole name, a settlement must address this by either transferring the property to you, buying out their interest, or arranging for the property to be sold with proceeds divided fairly. Without a settlement order, your former partner could, in principle, sell the property or exclude you from it.
Do I need a solicitor for family home matters in divorce?
Expert legal advice is strongly recommended where the family home or other property is involved. A solicitor can help you understand your rights, ensure the property is valued fairly, negotiate a settlement that meets your housing needs, draft the necessary legal documents, coordinate with lenders and conveyancers, and represent you if court proceedings become necessary.
You should instruct a solicitor if:
You are uncertain about your legal rights regarding the family home
You and your former partner cannot agree on what should happen to the property
The property has significant value or complexity
There are children involved, and housing arrangements are contested
Your former partner has instructed their own solicitor
You need advice on the tax implications of different options
Even in amicable cases, initial legal advice helps you understand your rights and ensures any agreement truly protects your long-term interests.
How do I protect my interests regarding the family home?
The key steps are obtaining an accurate valuation of the property early in the process, understanding any mortgage or other liabilities, considering your housing needs and those of any children, and ensuring that any settlement properly addresses the property's future. You should obtain specialist advice about tax implications if there are significant assets or if the property is held in a particular way.
A legally binding Consent Order must be obtained to make any agreement final and prevent future claims. Without this, your former partner could years later seek to claim an interest in the property or challenge the settlement. We have experience of this happening with other clients and this causes distress, anxiety and legal fees which can be avoided if a Consent Order is originally obtained.
How is the value of the family home calculated?
The starting point is obtaining a current market valuation of the property. This can be done through a high street estate agent valuation, a professional surveyor's valuation, or an agreement between the parties. The market value is then reduced by any mortgage or other liabilities, such as secured loans or charges, to give the equity or net value available to divide.
In some cases, disputes arise over the property's true value, particularly when the market has moved significantly or the property is unusual or has special features. An independent surveyor's valuation may be needed if the parties cannot agree.
What about capital gains tax when selling the family home?
The family home is usually exempt from capital gains tax whilst you both own and occupy it as your main residence. However, once you have separated and one of you has left the property, the exemption may be lost for the period of absence. If the property is sold some time after separation, there may be a capital gains tax liability depending on the rise in value and the period of ownership.
This is a complex area, and specialist tax advice should be sought where there is a significant increase in the property's value or a delay between separation and sale.
What about stamp duty when transferring the family home?
Transfers between spouses or former spouses as a result of a court order or agreement made are exempt from stamp duty. Without a Court Order stamp duty may be payable.
What about the mortgage on the family home?
Any mortgage on the family home is a marital liability and must be dealt with in your settlement. The settlement should make clear who will be responsible for the mortgage going forward.
If the property is transferred to you, you will typically need to refinance the mortgage into your sole name or agree that your former partner remains liable.
If the property is sold, the mortgage will be discharged from the proceeds of the sale.
If the property is retained jointly, the settlement must set out how the mortgage will be managed, including who will make payments and what will happen if one party wants to sell or remortgage.
Lenders' consent may be needed for some arrangements, such as removing one party from the mortgage while they remain on the legal title, so early liaison with your lender is important.
What are my options for the family home?
The main options are:
Sell the property and divide the proceeds between you
Transfer the property to one party, who either buys out the other's share using available capital or offsets it against other assets, such as pensions.
Defer the sale until a specified event, such as the youngest child turning 18 or finishing full-time education, with the primary carer remaining until then
One party retains the property, and the other receives a larger share of different assets in exchange
In some cases, retain joint ownership with the settlement setting out how the property will be managed and what happens if one party wants to sell later.
The right option depends on your housing needs, financial resources, children's ages, and your respective circumstances.
What if we both want to keep the family home?
If both of you want to keep the property, the court must consider which arrangement best protects children's welfare and meets both your housing needs. In practice, only one of you can retain sole ownership unless you agree to retain joint ownership, which is unusual. The court will look at factors such as who has primary care of the children, who can afford to buy out the other's share, and what housing arrangement works best for everyone involved.
Specialist advice is important because this situation requires careful consideration of the competing interests and practical implications.
What if we cannot agree on the family home?
If you cannot reach an agreement through negotiation or alternative dispute resolution, the matter can be referred to court. The Family Court has wide powers to make orders about property division, including orders for sale, transfer, or deferred sale. The court will apply the legal test of fairness based on the factors set out above and will make an order it considers fair in all the circumstances.
We are skilled negotiators and advocates who will robustly represent your interests, but we always aim for negotiated settlements where possible because court proceedings are more costly and stressful.
Who gets the family home in a divorce?
There is no automatic rule. The court considers multiple factors when deciding what should happen to the family home. Children's welfare comes first. The parent who provides the children's main home can have priority to remain in the family home, but this is not always the case. A home is also needed for the other parent, particularly where children stay overnight. Many parents share the care of their children, and a home is required for both parents.
Financial needs and resources matter too. Can each person afford to buy out the other's share or purchase alternative housing? The court also considers income and earning capacity, both current and future, the length of the marriage, and contributions each of you has made, including childcare and homemaking. All of these factors are balanced together to reach a fair outcome.
