Does all property have to be divided up when divorcing?

There is a common assumption that all property assets, such as the family home and investment properties, are shared by spouses and so subject to sale or sharing out on divorce. This is not necessarily the case.

If you acquired or inherited a property before your marriage or civil partnership – or did so after your separation - then it may not be counted as a ‘shared’ asset if the financial needs of the two parties can be met without taking such property into account. This is more likely to be the case in situations where the marriage was relatively short. However, the law is not clear cut on the circumstances in which property is likely to be regarded as a shared asset or otherwise. As always, it is best to seek legal advice from a specialist family lawyer before reaching an agreement with a spouse or civil partner over the division of assets.