Skip to content
  • Reading: 0118 975 6622
  • Henley: 01491 570 900
  • Home
  • Individuals
    Dispute Resolution
    • Boundary Disputes
    • Civil Claims
    • Consumer Claims
    • Debt Recovery
    • Landlord & Tenant Disputes
    • Wills & Inheritance Disputes
    Divorce & Family
    • Child Contact & Arrangements
    • Civil Partnerships
    • Co-Habiting Couples
    • Collaborative Law
    • Divorce
    • Domestic Violence
    • Financial Settlements
    • Military Divorce
    • Pre/Post Nuptial Arrangements
    • Separation
    Employment
    • Disciplinary & Dismissal
    • Discrimination
    • Flexible Working
    • Individual Employment Contracts
    • Redundancy
    • Settlement Agreements
    • Unfair Dismissal
    Residential Property
    • Affordable Housing & Shared Ownership
    • Declaration of Trust
    • Equity Releases & Lifetime Mortgages
    • Land Ownership & Rights of Way
    • Leasehold Enfranchisement & Extensions
    • Property Sales & Purchases
    • Remortgages & Refinancing
    • Retirement Properties
    • Transfers of Equity
    Wills, Trusts & Estates
    • Court of Protection
    • Declaration of Trust
    • Estate Administration & Probate
    • Inheritance Tax
    • Powers of Attorney
    • Trusts & Gifts
    • Wills & Estate Planning
    • Wills & Inheritance Disputes
    Notary Public & Legislation Services
    Contact us today
    Contact our friendly team to discuss how we can assist and get a no-obligation quote.
    Contact us today
  • Business
    • Commercial Property
    • Acquisitions & Disposals
    • Land Development
    • Landlord & Tenant
    • Lease Extensions
    • Secured Lending
    • Corporate & Commercial
    • Corporate Structures
    • Franchising, Agency & Distribution
    • Mergers & Acquisitions
    • Partnership Agreements
    • Shareholder Agreements
    • Terms, Conditions & Contracts
    • Dispute Resolution
    • Commercial Landlord & Tenant Disputes
    • Commercial Property Disputes
    • Contract Disputes
    • Corporate & Shareholder Disputes
    • Debt Recovery & Collection
    • Enforcing a Judgement
    • Partnership Disputes
    • Employment For Businesses
    • Disciplinaries
    • Discrimination
    • Employment Contracts
    • Flexible Working
    • Redundancy
    • Settlement Agreements
    • TUPE
    • Unfair Dismissal
    • In House Legal Services
    • Notary Public & Legislation Services For Businesses
    Contact us today
    Contact our friendly team to discuss how we can assist and get a no-obligation quote.
    Contact us today
  • Our People
  • About
  • Insights
    • Insights
    • News & Insights
    • Free Legal Guides
    • Podcasts
    In Memory of Sara Dixon
    It is with great sadness that we confirm that our friend and colleague Sara Dixon passed away on 20 July 2026.
    Debt Recovery Claims Over £10,000: What are your options?
    Learn your options for debt recovery claims over £10,000, including the pre-action process, court proceedings, enforcement and when legal action may be appropriate.
    The government’s First-Time Buyer ISA (FTB ISA) consultation on replacing LISAs begins
    The proposals are that the First-Time Buyer ISA (FTB ISA) will replace the Lifetime ISA (LISA), to help first-time buyers save for their first property purchase.
    Contact us today
    Contact our friendly team to discuss how we can assist and get a no-obligation quote.
    Contact us today
  • Careers
Contact us

Divorce and Property – Your Legal Questions Answered (UK)

  • Family & Divorce
  • 8 April, 2026
  • Family & Divorce
  • 8 April, 2026

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.

 

Last updated: 22 July 2026

Search

Categories

Careers
2 Posts
Commercial Property
17 Posts
Corporate & Commercial
5 Posts
Dispute Resolution
7 Posts
Employment
12 Posts
Family & Divorce
39 Posts
Residential Property
24 Posts
THP News
30 Posts
Wills, Trusts & Estates
33 Posts

Recent posts

In Memory of Sara Dixon
Debt Recovery Claims Over £10,000: What are your options?
The government’s First-Time Buyer ISA (FTB ISA) consultation on replacing LISAs begins
What are the government’s new home buying and selling reforms?
Can I change my Will without rewriting the whole thing?
What happens to your digital assets when you die?
Showing Slide 1 of 7
  • Contact us today
Contact our friendly team to discuss how we can assist and get a no-obligation quote.
THP Contact Form
Residential Property Options
Residential Property Sales/Purchase Options
Sale property type
Purchase Property type
Are you a first time buyer?
Will the purchase result in you owning more than one property?
Do buyers reside in the UK?
First
Last
We are committed to protecting your personal data as outlined in our Privacy Policy.

We are authorised and regulated by the Solicitors’ Regulation Authority (“SRA”). Our SRA number is 8007346. We are a limited company registered in England and Wales with registered number 15367192.

FOR INDIVIDUALS
  • EMPLOYMENT
  • DIVORCE & FAMILY LAW
  • DISPUTE RESOLUTION
  • WILLS, TRUSTS & ESTATES
  • RESIDENTIAL PROPERTY
  • Notary Public & Legislation
FOR BUSINESSES
  • EMPLOYMENT
  • COMMERCIAL PROPERTY
  • CORPORATE & COMMERCIAL
  • DISPUTE RESOLUTION
  • In House Legal Services
  • Notary Public & Legislation
Links
  • PRIVACY POLICY
  • COOKIE POLICY
  • INTEREST POLICY
  • UNACCEPTABLE 
BEHAVIOUR POLICY
  • T&CS
  • COMPLAINTS
  • Fraud Prevention
  • LEGAL STATUS
  • DIVERSITY DATA
  • OUR FEES
  • CAREERS
READING OFFICE

9 Chalfont Court
Lower Earley
Reading
Berkshire RG6 5SY

  • Tel: 0118 975 6622
  • Fax: 0118 975 6588
HENLEY, 
BELL STREET OFFICE

64 Bell Street
Henley on Thames
Oxfordshire RG9 2BN

  • Tel: 01491 570 900
  • Fax: 0118 975 6588
HENLEY, 
DUKE STREET OFFICE

2 Duke Street
Henley on Thames
Oxfordshire RG9 1UP

  • Tel: 01491 570 909
  • Fax: 0118 975 6588
AREAS WE COVER INCLUDE:
  • BRACKNELL
  • HENLEY-ON-THAMES
  • HIGH WYCOMBE
  • MAIDENHEAD
  • MARLOW
  • READING
  • SONNING
  • WALLINGFORD
  • WOKINGHAM
  • READING: 0118 975 6622
  • HENLEY: 01491 570 900
© 2026 THP Solicitors Ltd | All Rights Reserved.
Made by Nivo Digital
  • Home
  • Individuals
  • Business
  • Our People
  • About
  • Insights
  • Careers
  • Contact
  • Home
  • Individuals
  • Business
  • Our People
  • About
  • Insights
  • Careers
  • Contact
  • Henley: 01491 570900
  • Reading: 0118 975 6622
  • Email: office@thpsolicitors.co.uk