Can you get a divorce & still own property together? Guide to divorce & owning home

House with bright red front door

Originally published on 31st January 2019 at 1:24 PM

There are a few reasons as to why you may want to still own a property or properties with your ex when you divorce. The most common reasons are:

  • You have kids and want to keep the family home but one person can’t take over the mortgage in their sole name so they need their ex to remain on the mortgage agreement
  • You don’t want to sell the property yet and would rather keep the property/properties as an asset
  • You are earning rental income from the property/properties

Whatever your reason for wanting to remain owning the property/properties together, the important thing to know is that it is possible. You just need to be aware of the following steps/considerations:

  • If you jointly own the property as ‘Joint Tenants’ you will need to swap to ‘Tenants in Common’ and confirm this with your mortgage provider

What’s the difference between ‘Joint Tenants’ and ‘Tenants in Common’?

Joint tenancy - two or more people share equal ownership of the property.  The property automatically goes to the other owner(s) if you die regardless of what you may have put in your will.  

Tenants in common - two or more people have ownership interests in a property. Each owner has the right to leave his/her share of the property to any beneficiary upon their death. You do not need to hold the property in equal shares.

  • If you agree to continue to own property/properties with your ex, you should obtain a legally binding consent order. The order should set out who owns what percentage of the property, who is paying for what in terms of the mortgage and other outgoings and what are the trigger events for the property to be sold.    
  • If you continue to own property/properties with your former spouse there may be tax implications for you particularly if you go onto purchase another property whilst you continue to co-own with your ex. It is advisable to seek specialist tax advice.

For more help, get in touch with one of our amicable experts by booking a free 15-minute call here.

If you have any questions, or would like some support, please book a free 15-minute call with one of our experts here.

Rebecca Jones
Rebecca Jones
Rebecca has a background in family law and has also been through her own divorce. Rebecca is fantastic at offering pragmatic advice and is a fountain of knowledge when it comes to the legalities around divorce and separation.


I recently found out that my husband still owns the family home he had with his ex wife . He has Dede’s dating from the marriage to his ex wife which I have been helping to pay . Do I have any right to the property owned either through death or divorce to be able to clear his debts ?

posted Jacqueline at 21.01.2020 8:36