How to divide a property in your break-up

Separating from your partner is likely to be a distressing time. According to Google trend data, the search term, property in a breakup has received a 7.800% uplift in the past month alone.

Such an uplift reflects those experiencing the end of a relationship to educate themselves on what exactly they are entitled to with regard to their property and its contents. Here, property expert Terry Fisher at We Buy Any Home presents advice on how to divide property and its content in a breakup.

If you and your partner own the property that you currently cohabit, according to Fisher, there are several possibilities that are available to you if you wish to end your relationship. These are:

• Selling the property that you both inhabit and using the equity raised to purchase two individual homes is one of the more straightforward options. In most cases, if both parties are named on the mortgage, then both have the right to live in the property until it’s sold.

• ‘Buying your partner out’, refers to taking over their share of the property for the equity agreed. In most cases, this involves the person buying out their partner to give half of the agreed equity in cash. You will still need to prove to the mortgage company that you can afford the payments on your own.

It must be noted that things get a little trickier if mortgage payments were not paid evenly and its worth contacting a solicitor or citizens advice for more information.

• Of course, there is always an option not to change any of the current arrangements. One person may move out, continue mortgage contributions, and still own a share of the home. This is usually an option to those who have children.

Selling, dividing, or continuing to cohabit in a home throughout a relationship break down can be very distressing. If parties cannot come to an agreement with regards to how to divide a property, then mediation is often the best course of action.

As well as dividing a home, for couples can find it tricky to divide possessions. The law is very clear about this. Ultimately:

• The person who has bought the item owns the property.
• Any present that has been received is the property of the recipient.
• If property belongs to both parties, then an agreement must be made as to who takes possession. If an agreement cannot be made, an option is to sell the property and split the money in half.

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