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One of the most common questions asked in any
divorce situation is โ will I keep the house?
As with most things in family law the answer is not
straightforward.
In farming cases the situation is usually a lot more
complicated because the family home is frequently based
on the farm and is also the central hub to running the
farming business. Add to this the complexity that the legal
title of the house isn't always registered to the divorcing
couple who live in it and the situation is compounded.
There are lots of common misconceptions in this area
and for this reason it is always good to remember a few
basic principles:
Legal title isn't conclusive of actual ownership. It is wrong
to assume the house will be secure and ringfenced from
a divorce settlement if it is not registered in the names of
the divorcing couple.
The first consideration of the court is to the welfare of any
children under the age of 18. Namely, the needs of any
children of the family are considered before the adults.
Needs take priority over contributions. It is wrong to
assume a spouse who does not work and has married
into an established farm is entitled to nothing. Family law
views all forms of contributions to a marriage as equal
and will not discriminate between the breadwinner and
the homemaker of a marriage. Both are entitled to
receive a fair outcome and where there are assets
available for division it is virtually unheard of for a spouse
to leave a marriage with nothing.
A balancing exercise has to be carried out between the
housing needs of the children, the housing needs of the
divorcing parties and the operational needs of the business.
Resolving the housing needs of separating farming
spouses requires compromise and innovative solutions
to avoid unwanted outcomes. Realistically, as part of
the settlement, at least one spouse will have to leave
the farmhouse; which spouse will depend on the
individual circumstances of the case and the resources
that are available.
Decisions should not be made in haste and professional
advice should be taken at the earliest opportunity.
For more information or advice,
please contact Eleanor directly:
T: 01743 299 311
M: 07977 619 229
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