The home is usually a couple's biggest asset. These are the legal options when the relationship ends.
Buying & selling · Updated October 2026 · 5 min read
When a couple with a shared home separates or divorces, they must decide what happens to the property and the mortgage. There are several routes.
One of the two keeps the home and compensates the other for their share. It is the most common solution and has favourable taxation (Stamp Duty), lower than a sale. It is similar to a co-ownership.
Even if one keeps the home, both remain liable to the bank until a novation or subrogation is formalised releasing the other. It is a critical point not to be forgotten; see the guide on mortgage subrogation.
If neither keeps the home, it is sold and the price is split. If there is no agreement, the action to divide the common property is available.
Ending co-ownership, when one party takes the home and compensates the other, usually pays Stamp Duty (lower than the Transfer Tax on a sale), if done correctly.
Not automatically. Both remain liable to the bank until a novation or subrogation releasing the other party is processed.
Selling it and splitting the proceeds, one party keeping it and compensating the other via dissolution of co-ownership, or keeping joint ownership temporarily. Each option has different tax effects.
Its use may be assigned to the parent who stays with the children, without changing ownership. It is an assignment of use, not of title; it should be well regulated in the agreement.
With the bank's consent through a novation or subrogation that releases the other borrower. Without it, both remain liable even if the agreement says otherwise.
We help you resolve the ownership and the mortgage of the home with the best tax solution.
