Do Adult Children Living At Home Have Rights Over The Matrimonial House In A Divorce?

• Published date: 24 May 2021
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: Family Law Group
• Author: Ms Imrana Masters

Recent research by Loughborough University shows a sharp rise in the so called 'boomerang' generation of young adults returning to live at home until their late twenties or early thirties. This trend has continued as a result of the pandemic causing job losses, furlough, and university closures.

'With the shape of family life changing, we are seeing an increase in queries about whether adult children living at home have any rights in a divorce,' says Imrana Masters, a Solicitor in our Peterborough office. 'The law makes a number of provisions to ensure minor children continue to be cared and provided for following divorce, but more recently the children living at home are older. Unlike a tenant or lodger there is unlikely to be any legal formalities in place, such as a tenancy agreement, to stipulate the rights of a young adult living at home. This can create uncertainty for all involved as to what, if any, rights that adult child has.'

This can be a worrying and stressful time for all involved, especially if the family home needs to be sold. The child may be aggrieved and feel they deserve a share in the property, especially if they have contributed financially, or they may seek ongoing financial help from parents to rehouse themselves. The rights of an adult child are extremely limited. The law does not impose an ongoing obligation on parents to maintain their adult child, except in certain specific circumstances, nor does the law require parents to continue to provide a home for them.

There are two main pieces of legislation governing an adult's right to claim from their parents, namely the Matrimonial Causes Act and the Children Act. Neither of these permit a child to obtain a legal interest in the family home on divorce but, under certain circumstances, they do permit an adult child to obtain ongoing maintenance from a parent which may assist with their housing needs.

Matrimonial Causes Act

Under the Matrimonial Causes Act, a child over the age of 16 can apply for maintenance from their parents provided a periodical payments order has already been made in their favour when they were a minor. This legislation only applies to children of married parents.

A periodical payments order is an order of the court stipulating a level of financial maintenance that should be paid to the parent with whom the child resides. Typically, it would be agreed at the time of separation. If there are no periodical payment orders in place, then an adult child cannot apply...