No, not necessarily.  If you and your spouse cannot agree on what will happen to the family home during your divorce, the court can order it to be sold. However, neither spouse has an automatic legal right to stay in the home after the divorce.

If the court is required to decide what happens to the family home, the emotional well-being and stability of the children will be the priority. That said, the court will also take into account other factors found within section 25 of the Matrimonial Causes act 1973, such as each parent’s financial resources, their ability to afford or maintain alternative accommodation, their physical and mental health, and the conduct of both parties.

The court has the power to make orders regarding the family home. These may include a deferred sale, commonly known as a Mesher order, which delays the sale of the property until a specific event occurs, such as the youngest child turning 18, or the resident parent remarrying. Other possible outcomes include transferring the property into one party’s sole name or ordering the immediate sale of the property.

The court’s decision will be based on the specific facts of the case and will depend on the resources available within the matrimonial pot, as well as the needs of each party.

It is important to note that the provisions within section 25 Matrimonial Causes Act 1973, apply only to married couples going through a divorce, not to cohabiting couples who are separating.

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If you have a child custody or family law issue which you would like to discuss with a member of our friendly and experienced family law team, you can call them on 01872 241408 or email info@penderlaw.co.uk