• The home is to be sold or, if not, who is to live in it.
• If it is sold, what becomes of the proceeds of sale

Married couples
Married couples at least have the protection of the law to help decide these questions. The Court has wide-ranging powers. It can vary the rights of ownership between the parties, and even order the sale of the property. If the case is not taken to the Court, legal advisors still work on the same principles which guide the Court, when reaching agreement by negotiation or collaboratively. Needs, resources and contributions are important factors, as well as length of marriage and the ages of the parties involved.

Sometimes the home has to be sold, for instance if there is a large mortgage. Selling the home and moving is stressful, but it can often be the only practical way to achieve a sensible division of the family asset. Unless the total matrimonial assets are enough to enable both parties to re-house,  it is normal to see a mother with children, or an older wife with limited employment prospects, get most or all of the value of the home.

Unmarried couples
Unmarried couples have no clear protection under the law.  Cohabiting couples have to fall back on the law of trusts, which can be uncertain.

A completely different outcome is achievable if there are children, because the needs of children are high on the Courts’ priorities. An application based on “accommodation needs” is often a very useful way for a young mother to deal with an ex-boyfriend’s application to sell the house.

The very best advice for cohabitees is to make a Declaration of Trust when you purchase your home. This sets out the terms under which the parties buy their home, and what happens if they split up.

Temporary help is available to regulate rights to occupy property. This would usually be considered after harassment, domestic violence or a similar situation.