Property Advice: What happens to my family home in the case of a divorce?

Does a separation mean we have to sell the family home?

Majella Galvin: We are seeing more cases where properties need to be valued as part of divorce proceedings, and while it can feel overwhelming at the outset, the process itself is quite structured and designed to ensure fairness for both parties.

Dear Majella, My husband and I have recently separated and are now going through a divorce. As part of the process, our solicitor has advised that we need to have the family home valued, but I am not entirely sure how this works or what type of valuation is required.

I keep hearing the term ‘market value’ but I don’t fully understand what that means in practice, or how it is calculated. There are also a couple of issues with the property that are causing me concern. Our septic tank is not actually located within our boundary — it is on my parents’ land next door, and I am worried this could cause problems. In addition, we built a garage around 10 years ago without planning permission. At the time we didn’t think it would be an issue, but now I am concerned it might affect the value of the property.

I am unsure how these matters will be viewed by a valuer and whether they could significantly reduce the value of our home.

Finally, I would really like to understand what typically happens to the family home in a divorce situation. Will we automatically have to sell it, or are there other options available?

I would appreciate any guidance on how this process works and what I should be doing next.

Mary

Dear Mary,

Firstly, I want to acknowledge that going through a separation and divorce is a very difficult life event. Alongside the emotional impact, there are practical and financial decisions that need to be made, and dealing with the family home is often one of the most complex parts. It is completely understandable you feel unsure about the process and how certain issues may affect things.

You are not alone in this situation. We are seeing more cases where properties need to be valued as part of divorce proceedings, and while it can feel overwhelming at the outset, the process itself is quite structured and designed to ensure fairness for both parties.

Market value

The reason your solicitor has requested a valuation is to establish the current market value of your home. This is the figure that reflects what your property would likely achieve if it were offered for sale on the open market today. It forms the basis for dividing assets and allows both sides to make informed decisions based on a clear and realistic figure.

In most situations, both you and your husband will appoint independent valuers, or alternatively you both agree on one professional to act jointly. The process itself is relatively straightforward.

The valuer will arrange to visit your home, assess its size, condition and layout, and analyse comparable property sales in your area. They will also consider factors such as location, demand, and energy rating before producing a written report confirming their opinion of value.

It is important to understand that a valuation is not just about the physical house. It reflects how a potential buyer would view the property in the current market. This is where the issues you mentioned will come into consideration...

Right to access issue

Starting with the septic tank, the fact that it is located on your parents’ adjoining land is something that will need to be carefully assessed. The key issue here is whether there is a formal legal agreement in place that gives your property the right to use and access that system. If such an agreement exists and is properly documented, then the impact on value may be minimal.

However, if the arrangement is informal, it can create uncertainty for a future buyer. Buyers and their solicitors will want reassurance that they have a permanent legal right to the septic system. Without that certainty, it may be viewed as a risk. In practical terms, this could mean putting a formal easement in place with your parents or exploring the possibility of installing a septic tank within your own boundary, if that is feasible.

Both of these options involve time and cost, and this is why a valuer may adjust their assessment to reflect that. It does not mean your property is unsellable, but it can influence buyer confidence and therefore have some impact on value.

Planning permission

Turning to the garage built without planning permission, this is another issue that arises more often than many people expect, particularly with works carried out a number of years ago. As your garage was built approximately 10 years ago, it may fall outside the standard enforcement period. However, from a valuation and sale perspective, it still needs to be addressed.

A buyer’s solicitor will generally look for confirmation that the structure is compliant or does not pose a legal or financial risk. This usually involves engaging a surveyor or engineer to inspect the garage and advise on the appropriate course of action. In some cases, this may lead to an application for retention permission.

Again, this introduces an element of cost and process, and a valuer will take this into account. If left unresolved, the property may appeal to a more limited group of buyers, often those who are cash purchasers, which can reduce the achievable price. On the other hand, addressing the issue in advance can improve saleability and strengthen your overall position.

When considering both of these factors together, it is important not to view them as major obstacles, but rather as practical matters that need to be managed. Properties with similar complications come to the market regularly, and they do sell. The difference is often in how clearly these issues are addressed and presented.

Family home sale

You also asked whether you will have to sell the family home. This is one of the most common concerns in situations like yours, and the answer depends on individual circumstances rather than a fixed rule.

There are generally three main options. The first is to sell the property and divide the proceeds between both parties. The second is for one party to buy out the other’s share, which typically involves arranging mortgage finance. The third is to retain the property in joint ownership for a period of time, which can sometimes happen where there are children involved or where both parties agree to defer a final decision.

The valuation plays a central role in all of these scenarios, as it provides a fair and agreed starting point for discussions. Your solicitor will guide you through what is most appropriate based on your financial position and personal circumstances. At this stage, the most practical step you can take is to arrange a professional valuation with an experienced valuer. You’ll find a list of SCSI registered valuers at scsi.ie/find/

It is important to be open about the septic tank and planning situation so that the valuation reflects the property accurately. This avoids surprises later and ensures that decisions are based on clear information.

You may also wish to speak with a surveyor or engineer regarding the garage and consider how the septic tank arrangement can be formalised, if it has not already been done. While these steps may involve some cost, they can protect the value of your property and make any future process significantly smoother.

Finally, try to view the valuation as a tool that brings clarity rather than uncertainty. It allows both parties to understand where they stand and helps move matters forward in a structured way. With the right advice and a clear plan, the issues you have outlined can be managed and do not have to define the outcome.

The bottom line

In summary, your home will be valued based on its current market position, with adjustments made for any legal or structural considerations. The matters you have raised are not uncommon, and while they may influence value to some degree, they are manageable. The key is to address them early, understand your options, and work with the right professionals to guide you through the process.

• Majella Galvin is chair of the membership and public affairs committee of the Society of Chartered Surveyors Ireland. She is a chartered surveyor, registered valuer, and estate agent at DNG Galvin auctioneers, Bandon dnggalvin.ie