The matrimonial home in the division of assets after divorce

In most divorces, the home is the largest item at stake – and the most emotional. Legally it forms part of the marital assets used by the couple and is divided on equitable grounds, regardless of whose name appears in the land register or the tenancy agreement.

What the court can transfer

The court can transfer ownership and rights in the matrimonial home, for example transferring the tenancy agreement to the other spouse or allocating shares of ownership. What matters is the contributions of both spouses, the welfare of any children of the marriage, and the living circumstances after the divorce.

The important exception

Homes that one spouse brought into the marriage, inherited or received as a gift are generally left out of account. This exception does not apply, however, where the other spouse depends on the home to secure their basic living needs, or where a child of the marriage has their centre of life there. This is precisely the point on which most proceedings turn in practice.

The time limit

The application for division must be made within one year of the divorce becoming final. After that, only what is already held in ownership remains. Anyone who reaches an out-of-court settlement should put that settlement in proper form while the time limit is still running – an oral arrangement concerning real property does not hold up.