Separating and Selling the Family Home

So, you have made the difficult decision to separate from your wife or husband. What’s next? There are so many things to consider. Do you need to sell the family home? How are you going to manage for money? This article will address the two questions that crop up about selling the family home.

What’s next?

One of the first things you should do is book an appointment with a family law solicitor. They can discuss with you all your options, and you can make an informed decision about what is right for you to enable you to move forward now that you are separated. Here at Scullion LAW, we have an experienced team of family law solicitors and a paralegal who are available to help you.

We see lots of clients coming to us very shortly after separation. We take the time to understand where they are and where they want to be in the future. It is important for them to see all the potential options, particularly at a time when there is such confusion and upheaval.

Probably the most critical issue is where everyone will live now that you are separated.

Let’s address the two questions that often crop up about separation and selling the family home.

Do you need to sell the family home?

Sometimes clients come to see us who have separated and have already decided they need to sell the family home. Really, however, they want to stay. They don’t want to uproot the kids, they have an emotional attachment to it, or their separated spouse is insisting on its sale to buy another property. They have not thought if they would be able to take over the mortgage on their own or if the other would agree to let them stay in the family home until the youngest child is 16 years old or, indeed, older.

What about funding? Many don’t realise that when you separate, the value of all the assets of the marriage comes into play, including pensions. Visibility is needed so there is a full financial picture before any drastic decisions need to be made about selling the family home.

What about income?

This is intrinsically linked to whether one party is able to stay in the family home after separating. Many do not know that, as you are married, there is a legal obligation on both parties to support the other financially each month. This is known as an aliment.

Thus, a full analysis of incomes needs to be carried out to ascertain the position. What about the payment of child maintenance? Or accessing available benefits? These are critical, as they may mean the difference between keeping or selling the family home.

Expertise When You Need It

We have trusted mortgage advisers, tax experts, financial planners, and a conveyancing team all on hand to help you through this process. We are proud to be the only firm in Scotland to have a dedicated support network. It provides emotional help if needed, as we recognise the real effect a separation can and does have. Don’t delay, and book an appointment today!

Our Head of Department and Director, Judith Higson, and Senior Associate Director, Nicola Buchanan, are both Accredited Family Law Specialists, Accredited Mediators, and Collaboratively Trained Solicitors. We have a wealth of experience spanning several decades to meet all of your family law needs. Ably assisted by our Solicitor, Laura Cousins, and Paralegal Liz Semple, you’re in safe hands.

The content of this article is for information only. It should not be considered legal advice or a substitute for specific advice.