OUR SERVICES
Property Mediation Services for Families
What is property mediation?
Property mediation takes place when couples separate and need to decide what happens to the family home – can one person take over any mortgage and buy the other out; does it need to be sold etc.
It helps reduce stress and uncertainty about what is a big question for most people – who gets the house, where will each of us and the children live etc
The mediator sees each person separately and helps them to agree what settlement meets their needs and is fair. Both have to provide full financial information so that discussions are fair and well informed.
All property mediation is based on “full financial disclosure” which means you both have to be honest and share information about your finances.
How does property mediation work in the UK?
In the UK property issues are dealt with differently in legal terms depending on whether you were married or not If you were legally married then the former family home is usually seen as a joint asset; if you were not married, even if living together for a long time. then it depends on whose names are on the deeds and mortgage and if unresolved would be decided through property law.
This is the government guidance on this issue
https://www.gov.uk/stay-in-home-during-separation-or-divorce
Costs are kept as low as possible on a sliding scale based on your income. Please visit our costs page to understand more.
Legal Aid can also be available for property mediation if your are on benefits and the value of your property is not to high . These are complex calculations which will be done with you and the mediator. View our legal aid leaflet.
When to Choose Mediation for Property Disputes?
As with most mediation best to approach a Mediation service early in any dispute between you before positions become fixed or either of you take decisions with financial consequences for the other. It is very difficult to alter financial aspects after a divorce.
The benefits of property mediation?
Agreeing matters in mediation obviously saves you having to spend a lot on legal fees which can be significant if you cannot agree and need to go to court. It is also usually quicker and you remain in control of any decisions rather than a judge having to decide
It also reduces stress and uncertainty if you can plan what happens next and timescales especially if you are still both living in the family home.
How is the property shared?
Everyone such as mediators, lawyers and judges start from the principles of needs and fairness.
- Needs – the needs of any children and the adults involved e.g. the need for each parent to have a home where the children can stay overnight
- Fairness- Any agreement has to be fair and balanced rather than one person getting everything and the other nothing. If there are no dependent children then 50/50 shares of the former family home is the usual starting point.
Options include
- One buying out the other’s share of the equity in the home(what is left after mortgage paid)
- One taking over what was a joint mortgage but key to check that the lender/Building Society will allow the mortgage to be funded by one income when previously there were two(your mortgage “capacity”)
- Selling the house and the proceeds divided between you
- Deferring any sale until the children have grown up
Why people prefer mediation rather than court.
Talking through what happens to the family home in a structured mediation process where the mediator makes sure both views are heard and can reach a fair settlement causes less conflict and bitterness than arguing at court . it usually is also much quicker than waiting for a court date.
If you have children then knowing where they are going to live makes them feel more secure and is linked to other decisions such as choice of school etc.
FAQs
How long can Mediation take to complete?
This depend greatly on your individual circumstances and how quickly you can get the relevant information such as up to date property valuations. Usually you would have 2-3 mediation sessions.
Who are the mediators?
All our mediators are trained in property mediation and fully accredited with the Family Mediation Council. They also have to show each year that they have kept up to date with any legal developments in this area.
How does mediation fit in with the legal process?
Courts expect mediation to be tried before any application to court unless there are some very special circumstances but everyone has court to fall back on if mediation cannot resolve matters
We also suggest taking some legal advice before any final settlement as a further protection but it is your agreement.
Can I use the Mediation Voucher scheme?
The mediation Voucher scheme can only be used if there are some children’s issues linked to the property dispute.
If you only have property issues to discuss or have no children then you cannot use the Voucher scheme.
