Our Divorce and Family Law Solicitors team often hears the same questions from new clients worried about how their marital home or other property will be handled as part of their financial settlement in divorce. Who gets the house? Do I still have to pay the mortgage? Do I lose my legal rights if I move out? Can I change the locks? Julia Drury and Richard Rodway answer some of these FAQs…
We have also answered your questions about divorce and children & divorce and money in our guides.
If we divorce, is my ex-spouse entitled to a share of our home if they don’t pay the mortgage?
A common question we often hear is ‘Who gets the house in a divorce?” The answer is yes – if you were married or in a civil partnership, your home is usually treated as a matrimonial asset, regardless of:
- Whose name is on the title deeds
- Who bought the property
- Who pays the mortgage
Matrimonial assets typically include:
- Property
- Savings and investments
- Pensions
- Business interests
- Valuable possessions
These are assessed across the full relationship period, including cohabitation before marriage.
If you cannot agree on how assets should be divided, the court will consider:
- Each person’s income and earning capacity
- Financial needs and responsibilities
- Length of the marriage
- Age of both parties
The court focuses on fairness and future needs, not just ownership or contributions.
Can my ex-spouse ask me to leave the marital home if we separate/ are divorcing, if the property is not in my name?
No – not automatically.
If you are married or in a civil partnership, you usually have “home rights” (matrimonial home rights). This means:
- You have the right to live in the home
- You cannot be forced to leave without a court order
However, in certain situations:
If there is conflict or safety concerns:
You can apply for:
- A Non-Molestation Order (protection from abuse)
- An Occupation Order (decides who lives in the property)
In some cases, the court may:
- Divide the property into separate living areas
- Exclude one party from the home
Can I change the locks once my ex-spouse has moved out?
Usually, no.
Even if your ex has moved out, they may still have a legal right to occupy the property until:
- A divorce is finalised, or
- A court order is in place
If you change the locks without agreement:
- Your ex may legally regain access
- They could apply to court
Exception:
If you feel unsafe or there is abuse, you can:
- Change the locks for immediate protection
- Apply for an Occupation Order to formalise this
Practical point:
If your ex has moved out voluntarily:
- You are entitled to privacy
- But should allow reasonable access if requested with notice
In a divorce, can I make a financial claim on property owned by my ex-spouse that is not in my name?
It depends on whether the property is considered matrimonial or non-matrimonial.
Matrimonial property:
If the property was used as your family home, you may still have a claim — even if it’s not in your name.
Non-matrimonial property:
This may include:
- Property owned before the relationship
- Property acquired after separation
- Certain inherited or gifted assets
These assets can sometimes be “ring-fenced” by the court.
However, the court may still include them if:
- They are required to achieve a fair outcome
- One party’s needs cannot be met otherwise
Do I have to pay the mortgage for my ex-spouse if we are divorcing?
If you have a joint mortgage, you are both:
- Jointly responsible for the full payment
- Liable even if one person moves out
If payments are missed:
- The lender can pursue either or both of you
- Your credit rating may be affected
- Repossession is possible
What happens after divorce?
If the property is transferred to one person:
- Their financial responsibility ends
- The mortgage may be moved into their sole name (subject to affordability)
- The other person is removed via a transfer of equity
My ex-spouse had stopped paying the mortgage. What can I do?
Act quickly.
Step 1: Contact your lender
Explain the situation – lenders are often more flexible if:
- You communicate early
- You show willingness to pay
They may offer options such as:
- Temporary payment reductions
- Switching to interest-only
- Extending the mortgage term
(Note: Both parties may need to agree to changes.)
Step 2: Get legal advice
A family law solicitor can help you:
- Understand your legal position
- Explore financial settlement options
- Consider mediation
If agreement isn’t possible, they can advise on:
- Protecting your financial interests
- Court applications
How we can help with property matters during a divorce
At THP Solicitors, we have specialist divorce solicitors with experience in financial settlements and property-related matters. We have helped many clients resolve these issues in a measured and practical way and can advise you based on the specific facts of your case.
To speak to one of our family law solicitors, please contact:
- Julia Drury on 0118 975 6622 (Lower Earley office)
- Richard Rodway on 01491 570 900 (Henley-on-Thames office)
You can also email us confidentially at office@thpsolicitors.co.uk.