Disabled Husband Wins Right to Stay in Family Home After Divorce

Divorce settlements can be complex, especially when balancing financial fairness and essential care needs. A recent case highlights how the courts navigate such challenges when disability is a key factor.

A severely disabled husband (H), 44, who is tetraplegic following an accident, successfully appealed a lower court ruling that would have forced him to sell the adapted family home. His wife (W), 38, with whom he shares two children aged 11 and 8, had sought a division of assets, arguing for the sale of the home. However, the appellate court found that H’s disability needs outweighed other financial considerations.

The Case Breakdown

H and W cohabited from 2007 before marrying in 2014. Their family home had been specially adapted to accommodate H’s needs, with modifications funded through insurance, charitable donations, and fundraising.

After their separation, W moved into rented accommodation with the children, while H remained in the adapted home. The lower court initially ruled that the home should be sold, with 55% of proceeds allocated to H and 45% to W, allowing both parties two years to settle debts and find alternative housing.

H appealed, arguing that selling the home would leave him unable to secure suitable accommodation for his disability. While W acknowledged the difficulties for all involved, she maintained that the original ruling was fair.

Court’s Decision: Prioritising Disability Needs

Judge Booth overturned the initial ruling, stating: “The need for [H] to be in a home where his needs can be adequately met is the need that dominates.” Recognizing the limited financial resources available, the court ruled that H’s essential care requirements took precedence over W’s access to home ownership.

To resolve the dispute, the judge implemented a Mesher arrangement, allowing H to retain the property. W will receive 75% of the proceeds when the house is eventually sold, with conditions such as H’s death or relocation to institutional care triggering the sale.

The Bigger Picture: How Courts Balance Fairness in Divorce Cases

This ruling highlights the importance of necessity over strict financial fairness in cases where disability plays a central role. Courts must weigh competing interests, ensuring that both parties’ needs are considered while prioritising fundamental care and housing requirements.

If you are facing divorce and need expert legal guidance, our team at Machins Solicitors LLP is here to help. The prospect of divorce can be daunting, but our experienced and understanding lawyers take a pragmatic and sensitive approach to resolving disputes.

Recognised as ‘Top Tier’ in the Legal 500 directory, our team has an outstanding reputation for handling complex divorce cases and is well-equipped to support clients facing disability-related challenges.

Find out how we can support you—visit our divorce services page today.