A broken home is a dreaded prospect for any married couple. So stressful is the situation that people rank it the second most stressful event, next to death. And the third ranks divorce. So imagine the situation people are in, when they divorce and leave their marital home.
The marital home is the biggest possible asset for many couples. While going through the process of divorce, the first asset to be divided is the house.
The marital home can be divided in many ways depending upon the prevailing circumstance. The courts consider a number of issues while arriving at a decision. Some of the issues under consideration are the length of married life, the number of children the couple have, their age, the age of either of the spouses, their earning power, etc.
Ownership of the House
If the house is registered on the names of both the spouses they share equal rights. If the house is registered only on the name of the husband, the wife can protect her rights of residency by registering her claim at the Land Registry.
During the time of divorce both the spouses reside at the marital home. They often fear that leaving the house might affect their share of the marital property. Their stay together escalates the existing tension and this deeply damages the children. In such circumstances, one of the spouses can move out of the house after consulting the solicitor.
Division of the Marital Home
- The simplest possible method of dividing the marital home is selling it and sharing the proceeds equally. This solution is applicable to couples who are childless. If the house is retained by the wife, she automatically loses the claim on her share of pension.
- At other times, the children and the custodial parent might stay in the house. If this is the scenario, both the spouses might decide to sell the marital home after the minor children cross the age of 18. The house is sold after the children move out and the proceeds are divided equally. And, till the sale of the house, the cost of its maintenance, taxes and repairs have to be allocated between both the spouses for a court-stipulated period of time.
- Sometimes, the ex-partner who resides in the house purchases it and relieves the other of financial obligations. This requires a remortgaging of the house.
People faced with the prospect of a broken home have to search for an alternate accommodation to live. Getting a decent and affordable house for rent is very difficult. This problem is especially severe in the urban centres. A majority of people who stay alone in the UK are residents of London.
Some of these people can be called homeless. Homelessness does not just mean the non-prevalence of physical space to live. A decent accommodation provides a person with identity, roots, a sense of belonging and a sense of security. All these ensure emotional well-being.
The number of homeless households doubled from the year 1997 to 2004 and their figure stood at 97,000. To be precise, the number of people staying in hostels or other accommodations for homeless people is 20,000. Absence of a home affects people and about 70% of them suffer mental health issues.
Many of the lone parents with dependant children are likely to rent rather than purchase a house. (About 50% of dependant children and their lone parents rented a house from the social sector in the year 2005 compared to just 15% of the couples with children.) The severe shortage of houses compounds the already difficult situation they are in. The Government has projected that by 2026, 70% of the demand for accommodation would come from divorced and single people in the older age group.
Divorce and subsequent division of the marital home causes deep stress. This stress is further aggravated by homelessness. The acute shortage of homes is greatly affecting divorcees. The worst affected are lone parents with dependant children.
