Property Disputes and Divorce: How a Family Law Solicitor Can Help

One of the most difficult issues in divorce is the division of property in the financial settlement. Whether it’s about the family home, additional holiday house, or rental properties, deciding who gets what can quickly lead to disagreements. Property disputes and divorce is not always as straightforward as a 50/50 split – outcomes will depend on various factors.

Here we look at some of the most common issues with the division of property in divorce and how a family law solicitor will be able to help secure the best outcome for you.

The family home is usually a significant asset in divorce. For many couples, it is the largest financial investment they will have made. It is also the place where they have raised their children – it is their home. So, who gets the family home in a divorce? Sometimes disagreements arise when one person in the divorcing couple wants to stay on in the family home while the other prefers to sell up and divide the proceeds. In other cases, one person may wish to delay the sale until the children have grown up. There is also the option of one of you buying out the other’s share.

Each of these options will have legal and financial implications. An experienced family law solicitor will be able to take you through the options and help ensure your interests are protected.

Property disputes can also happen when a home is legally owned by one spouse but both parties have contributed financially or emotionally to it. This is often when a house was owned by one party before the marriage, or when the property is held in only one name. Your family law solicitors may be able to use tools such as declarations of trust and beneficial interest claims to argue for a fair share of property on behalf of their client. These cases can often be complex and require detailed legal knowledge to resolve.

If a couple owns rental, holiday, or commercial properties, these can make the divorce settlement more complex. Property valuation, income potential, and tax implications of these assets all have to be considered. In high net worth divorces, disputes often arise over how to treat such assets and whether they should be split, sold, or retained by one party.

Your solicitor will be able to work with financial experts to assess the value of these assets and negotiate a fair settlement that takes into account each party’s financial needs.

The legal division of property in England and Wales is governed by the Matrimonial Causes Act 1973. Courts have broad discretion and aim to achieve fairness rather than strict equality. The court will consider a range of key issues when assessing fairness, including:

• The welfare of any children
• The financial needs and resources of both parties
• The length of the marriage
• The standard of living during the marriage
• Contributions (both financial and non-financial) to the family

The court has a lot of discretion to determine what is fair in each disputed case and because each case is unique, while a 50/50 split is a starting point, it is not a guaranteed final outcome. Your family law solicitor will help you understand how the law applies to your specific situation and what a fair outcome might look like.

Family law solicitors can provide clear, detailed, and practical advice tailored to your circumstances. After assessing your situation, they explain your legal rights and help you decide the best course of action in your case. Having expert legal advice will give you confidence and clarity, whether you are looking to stay in the family home or ensure a fair division of assets.

Often, property disputes can be resolved without having to go to court. Solicitors can negotiate directly with the other party’s legal team or support you through mediation. Reaching an out-of-court divorce settlement can give both parties more control over the outcome and can help save time and emotional stress.

If an agreement cannot be reached via mediation, your solicitor will be able to prepare your case for court. They will gather evidence, instruct experts such as valuers and accountants, and present your case in a compelling way.

Getting expert advice early in the divorce process is important for protecting your rights. An experienced family law solicitor will help you understand your entitlements, identify potential disputes before they escalate, and plan strategically for a financial settlement. They can also help you apply for property adjustment orders or occupation orders, depending on your circumstances.

Property disputes can be one of the most difficult aspects of any divorce. However, with the right support and legal advice, you can reach a fair and practical resolution. We can guide you through the legal framework, negotiate on your behalf, and help you secure a settlement that meets your needs.

If you are getting divorced and are concerned about property issues, get in touch with us today. Our experienced family law solicitors in Milton Keynes are here to help.

In addition to our head office in Milton Keynes, we also have offices in Bicester, Watford, and London where we can arrange appointments to see you in person. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.