Depending on the circumstances, you may not need to sell your house, however this cannot be guaranteed as every situation is different. After the assets of the marriage have been established, the next consideration is how the assets will be divided, including whether the house needs to be sold, or if one party stays in the family home. Sometimes there are not enough assets of the marriage to avoid the family home being sold, as the housing needs of both parties need to be met. Selling the house may be the only way to release the equity so that both parties can use some of the equity to secure alternative accommodation.
In some situations, one spouse may be able to buy the other out of the property, so long as they can afford to take on the responsibility of the mortgage and associated costs of home ownership. Along with the housing needs of the parties, under Section 25 of the Matrimonial Causes Act 1973, the needs (including housing needs) of the children also need to be taken into account. On occasions, there may be an Order for a deferred sale of the property, which means that one spouse is allowed to stay living in the property for an agreed period of time until an agreed event occurs such as the youngest child turns a certain age, the spouse remarries, the death of either party. Once this event has occurred the house will often be put on the open market for sale.
If an agreement cannot be reached amicably between the parties, it may be necessary to go to Court and have a Judge assess all the matrimonial assets and determine how they should be split, including what should happen to the property. In some circumstances, other assets are used to offset the property, such as one party may retain all the savings of the marriage while the other party retains the property.