Property adjustment orders

 

Property Adjustment Orders are court orders that determine what happens to the family home when you divorce or separate if you haven’t been able to agree between you what to do. When it comes to deciding what to do about your home, we strongly advise that you talk to us about the implications of any agreement you make with your former partner to make sure that it is fair.

If the court becomes involved, it can make a Property Adjustment Order that can take several different forms, depending on your specific financial circumstances and, if there are children living at home, how old they are.

The first priority of any order will be the welfare of any children under 18. The court will also take various factors into account, including the current and future earning power of both partners, to make sure that any property adjustment order is fair to both parties in the divorce or dissolution of civil partnership.

Sale of the home

The court may decide that the fairest solution is to sell your home and divide the proceeds between you.

Transfer of the home to one partner

The ownership of the home can be transferred completely to one partner, if the other partner agrees to ‘sell’ their share of the house (or take the equivalent value of other shared assets).

There can also be an order to transfer the property at a future date, for example when any children turn 18 or finish their education.

Postpone sale of the home

In this situation, the sale of the home may be postponed until the youngest child has turned 18, at which point the house will be sold and the proceeds divided between the former partners.

Supporting you

We can advise you on all the options available to you and the best course of action to take in your particular circumstances. Our Family team pride themselves on providing honest, realistic advice, but also going the extra mile to make sure you fully understand the options open to you.

We have over 30 years of experience in advising families experiencing relationship breakdown and understand the importance of listening to our clients and providing them with sensitive yet realistic advice.

Members of the department are accredited by the Law Society and follow the Resolution Code of Practice (which is nationally recognised by family lawyers) so you can be confident that you are receiving the highest quality of advice and assistance, from lawyers who will always aim to minimise the stress involved.

Contact us

Our solicitors will give you sympathetic, realistic advice on the best approach in your situation and how to manage the process in as straightforward and amicable way as possible.

If you have any questions, or would like to arrange a confidential appointment, please do not hesitate to get in touch with our friendly team on 020 3012 1482 or email info@fmwlaw.co.uk.