Divorce - Matrimonial Home

Often, the most substantial capital asset owned by a couple is their house. Regardless of whether the house is owned by one of them or by them jointly, a sale of the property and a division of the sale proceeds may be necessary to meet their needs.

There may be sufficient funds available to buy them each a new home. That is the ideal solution. Where there is not enough money, the priority is to provide a home for the children, more often than not with their mother. The court does however recognise that it may not be fair to deprive the husband of his capital in the long-term and has a wide discretion to make whatever order it thinks fit.