Divorce and Property Division: What Happens to the House if Children Are over 18

The family home is often the most valuable asset in a divorce, and deciding who gets it can be a major source of conflict. When children are under 18, the court usually prioritises their welfare, often allowing the primary carer to remain in the home until they are grown. But what happens when the children are already over 18 and no longer legally dependent?

In these cases, the court’s approach shifts. The needs of adult children are not considered in the same way as those of minors, which means the focus is more squarely on the needs of the spouses themselves. The starting point is usually a 50/50 split of assets, including the house, but this can be adjusted depending on individual circumstances.

If both parties are working and financially independent, the court may decide that selling the house and dividing the proceeds equally is the fairest option. This allows both spouses to move on and purchase or rent separate properties. However, if one spouse has a significantly lower income or health issues that affect their earning capacity, the division may not be equal. Instead, they may receive a larger share of the property or be allowed to remain in it for a period of time.

Another factor is whether either spouse has new housing needs, for example if one intends to care for grandchildren or other dependants. The length of the marriage and the contributions each party made, both financial and non-financial, also play a role. The court recognises that raising children, even if they are now adults, is a significant contribution.

It is also important to consider pensions and other assets alongside the house. In some cases, one spouse may keep more of the pension while the other retains a larger share of the property. The court aims to achieve overall fairness, not necessarily equality in every individual asset.

Where spouses can agree between themselves, the outcome is often quicker and cheaper. A consent order can formalise the arrangement and ensure it is legally binding. Without such an order, either spouse may be able to make financial claims in the future, which is why formalising the agreement is highly recommended.

Ultimately, when children are over 18, the house is treated like any other asset in the divorce. The court’s guiding principle is fairness, taking into account needs, resources, and contributions. While adult children are no longer a primary factor, their parents’ housing stability still matters, and the court will strive for an outcome that allows both parties to move forward.

Our family law solicitors can provide expert advice on protecting your interests and securing a fair share of the family home.