Divorce & Separation Living arrangements 
Married couples and Civil partners If the home is owned
Regardless of whether the home is in your joint names or owned by just one of you, a court could order that:
- ownership stays the same but one of you is given the right to stay in the property (for example until your children are 18 years old or when they stop full time secondary or university education); or
- ownership of the home is transferred to one of you. You might get, for example, a bigger share of some other possessions e.g. pensions or savings, if this means giving up your part ownership of the property; or
- the property is transferred to one of you but with the other spouse or civil partner retaining an interest so that they receive either a set percentage or sum of money from the sale of the property when it is sold at a certain point in the future. That interest can be protected by registering a charge against the property at the Land Registry - see Useful Jargon; or
- the property is sold and the proceeds split between you, in whatever proportions are fair. Normally, any mortgage as well as estate agent's and solicitor's costs in dealing with the sale are paid from the proceeds first and whatever is left is then shared.
Tax
You or your spouse or partner may have to pay tax if you change the ownership of or sell the family home, especially if one of you hasn't lived there for some time or if you have two homes. Get advice from a specialist lawyer or a tax adviser before reaching an agreement to make sure there will be no unexpected tax in future – see Useful links.
Regardless of whether the home is in your joint names or owned by just one of you, a court could order that:
- ownership stays the same but one of you is given the right to stay in the property (for example until your children are 18 years old or when they stop full time secondary or university education); or
- ownership of the home is transferred to one of you. You might get, for example, a bigger share of some other possessions e.g. pensions or savings, if this means giving up your part ownership of the property; or
- the property is transferred to one of you but with the other spouse or civil partner retaining an interest so that they receive either a set percentage or sum of money from the sale of the property when it is sold at a certain point in the future. The transferring spouse or civil partner's interest could be protected by a Standard Security being registered at Registers of Scotland - see Useful Jargon; or
- the property is sold and the proceeds split between you, in whatever proportions are fair. Normally, any mortgage as well as estate agent's and solicitor's costs in dealing with the sale are paid from the proceeds first and whatever is left is then shared.
Tax
You or your spouse or partner may have to pay tax if you change the ownership of or sell the family home, especially if one of you hasn't lived there for some time or if you have two homes. Get advice from a specialist lawyer or a tax adviser before reaching an agreement to make sure there will be no unexpected tax in future – see Useful links.
Regardless of whether the home is in your joint names or owned by just one of you, a court could order that:
- ownership stays the same but one of you is given the right to stay in the property (for example until your children are 18 years old or when they stop full time secondary or university education); or
- ownership of the home is transferred to one of you. You might get, for example, a bigger share of some other possessions e.g. pensions or savings, if this means giving up your part ownership of the property; or
- the property is transferred to one of you but with the other spouse or civil partner retaining an interest so that they receive either a set percentage or sum of money from the sale of the property when it is sold at a certain point in the future. That interest can be protected by registering a charge against the property at the Land Registry - see Useful Jargon; or
- the property is sold and the proceeds split between you, in whatever proportions are fair. Normally, any mortgage as well as estate agent's and solicitor's costs in dealing with the sale are paid from the proceeds first and whatever is left is then shared.
Tax
You or your spouse or partner may have to pay tax if you change the ownership of or sell the family home, especially if one of you hasn't lived there for some time or if you have two homes. Get advice from a specialist lawyer or a tax adviser before reaching an agreement to make sure there will be no unexpected tax in future – see Useful links.
How you own the home will affect what will happen to the home following divorce or separation.
Find out more about Different types of ownership
If there is a mortgage on the home, you will need to take this into account when deciding what to do.
Find out more about How to deal with a mortgage
There are a number of reasons why you and your spouse or civil partner might decide to sell the home.
Find out more about Selling your home
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