Going through a divorce is rarely simple, and splitting shared property is often one of the hardest parts. On the topic of storing these items during a sometimes long process, many questions come up about legal rights and duties. In short, both people usually keep an interest in shared property, no matter where it is stored. Any steps taken with these items should be careful and, ideally, agreed in writing or handled with legal help to avoid problems. The rest of this article sets out the main legal points and gives a clear guide to protecting your position.
What counts as shared property in divorce?
In a divorce in England and Wales, “shared property”, also called “matrimonial property” or “family assets”, covers a wide range of things gained during the marriage. This is not limited to items owned jointly; assets in one spouse’s sole name can still be treated as shared if they were acquired during the marriage through joint effort or used for family life. The most important of these is often the family home, which, regardless of legal title, is usually treated as matrimonial property.
Beyond the home, shared property can include bank accounts, investments, pensions, vehicles, furniture, artwork, and sometimes gifts or inheritances received during the marriage if they have become “matrimonialised”. Matrimonialisation happens when assets that started as non-matrimonial (for example, brought into the marriage or received by inheritance) are treated by the couple as shared over time, such as by using them for joint benefit or the family’s needs. The 2025 Supreme Court case of Standish v Standish ([2025] UKSC 26) clarified that what matters is the intention to share and how the asset was treated in practice over time, not just the name on the title or where it originally came from.
How are legal rights determined for jointly owned assets?
When assets are jointly owned, the legal position depends on how they are held. For the family home, joint ownership is usually either as “joint tenants” or “tenants in common”. Many couples own as joint tenants, meaning they own the whole together in equal shares. In that setup, both spouses must agree to any sale or re-mortgage. Importantly, if one joint tenant dies before the divorce or finances are sorted, their share passes automatically to the survivor.
If they are “tenants in common”, they still own together, but each spouse has a distinct share, which may be equal or unequal. A key difference is that a tenant in common can sell or mortgage their own share, and on death their share goes under their Will (or intestacy), not automatically to the other spouse. To avoid an unintended transfer if one person dies before the divorce is final, a joint tenancy can be “severed” so the parties become tenants in common. This is only a good idea if a Will exists or is planned.
| Ownership type | Share | On death | Can sell/mortgage own share? |
|---|---|---|---|
| Joint tenants | Equal, as a whole | Passes automatically to the survivor | No, both must agree |
| Tenants in common | Separate shares (equal or unequal) | Goes under the Will/intestacy | Yes, can deal with own share |
Does sole ownership protect belongings during separation?
An asset in one spouse’s sole name is not automatically safe from being treated as shared in a divorce. As above, matrimonial property goes beyond legal title. If an asset was acquired during the marriage or has been treated as shared over time, it is very likely to be seen as a family asset and divided under the sharing approach.
For example, if the family home is in one name only, the other spouse may still have a “beneficial interest” and “matrimonial home rights”. These rights can be registered at the Land Registry to stop a sale or re-mortgage without that spouse’s knowledge or consent. This shows that legal ownership alone is not a shield against claims in a divorce. The court will look at the real use and treatment of the asset during the marriage.
What legal protections exist for shared property storage?
When shared property has to be stored during a divorce, there can be a lot of uncertainty. It is not just about packing items away; legal steps exist to keep things fair and to stop one person taking advantage or disposing of assets. Understanding these protections is important for both spouses.
Can one spouse access individually stored shared property?
This is a sensitive issue. If an item counts as shared matrimonial property, both spouses generally have a right to it, wherever it is kept. In practice, though, if one spouse has taken possession and stored items alone, the other cannot simply force access. Unauthorised access could lead to claims of trespass, theft, or harassment. The right step is to agree a process in writing or, if needed, apply to court for an order to allow access or to divide items. The core point is that while items may be held apart, the legal interest stays shared.
Is a court order required to access stored items?
In many cases, a court order should not be needed to access jointly owned items in storage. The best and cheapest route is for both sides to agree how access will work. This could include listing items, agreeing a date and time for collection, and deciding who keeps what. If talks fail or one person will not cooperate, a court order may become necessary. A court can order that assets are preserved, allow access to property, or deal with the division of chattels. These orders mean neither person can dispose of or hide assets on their own, protecting both sides during the divorce.
Legal implications of removing, selling or hiding shared property
Removing, selling, or hiding shared property without agreement or a court order can have serious legal consequences. Courts view such actions poorly and may treat them as attempts to dissipate assets or mislead the court. If a spouse moves assets to others, into trusts, or offshore to hide them, the court can unwind those transfers. A judge might also “add back” the value of the disposed items to the marital pot, treating them as if they still exist, which can mean the person who acted wrongly gets a smaller share.
Also, the court can grant freezing injunctions to stop someone disposing of assets if there is a risk of dissipation. Full financial disclosure is a core duty in divorce cases, and trying to avoid it can badly damage a person’s case and affect the final outcome. Keeping assets out of one person’s legal name does not protect them: family courts have wide powers to transfer ownership and make lump sum orders to reach a fair result, no matter who holds legal title.
How to formalise property storage agreements during divorce
Putting storage arrangements on a formal footing is an important step when sorting out assets in a divorce. While it may feel like extra paperwork at a stressful time, a clear written agreement can prevent later disputes and bring peace of mind.
Should you put storage arrangements in writing?
Yes. Putting storage arrangements in writing is a very good idea. A written agreement gives clarity and a clear record of what has been decided. It should set out which items are stored, where they are stored, who pays the storage costs, and who has access. It should also state how long the storage will last and how the items will be shared or returned later. Without a written agreement, misunderstandings can arise and lead to costly disputes. A verbal agreement can be hard to prove or enforce.
Think about the scope for arguments over particular items, their condition, or the reason they were stored. A written agreement reduces these risks by setting a clear plan. It acts as a reference so both sides know their rights and duties. This can be part of the wider financial settlement or a standalone document, and having it in place helps keep order at a difficult time.
Do you need a solicitor to draft a shared property agreement?
Spouses can draft an agreement themselves, but using a solicitor is strongly recommended. A family law solicitor can make sure the agreement is legally sound, thorough, and enforceable. They can spot problems or unclear wording that others might miss, and explain the longer-term effects of certain clauses.
A solicitor can also make sure the agreement fits with the wider financial settlement in the divorce. They can explain the principles courts use when dividing assets, including the “Needs”, “Compensation”, and “Sharing” principles noted in Standish v Standish. Having a solicitor draft the agreement adds a layer of professional protection, making it far more solid if disputes arise later. Their involvement also shows both sides are serious about fixing the arrangements.
Steps to protect your interests before, during and after storing property
Protecting your position during the storage process calls for active steps. From careful records to clear communication, each part plays an important role in safeguarding your share of the assets.
Documenting the condition and location of items
Before anything goes into storage, careful documentation matters a lot. Create a detailed list of all items, with photos or even video. List each item with a description, estimated value, and current condition. Note any existing damage or wear. This detailed record acts as clear proof of the state of the property at the time of storage and helps avoid arguments about missing items or damage. Also, record the exact storage site and, if possible, the unit number. Keep copies of all storage contracts and receipts too.
This careful approach is not just about guarding against loss or damage; it also helps keep things transparent. Full financial disclosure is a key duty in divorce cases, and a well-documented inventory supports that duty, showing good faith and a fair approach to division. This evidence can be very helpful if someone later claims items were undervalued, damaged, or wrongly disposed of.
Who is responsible for insurance and costs of storage?
Who pays for insurance and storage should be agreed and written down. Often these costs are treated as marital expenses until the final settlement. You might agree that one person pays, that costs are split, or that they come from a joint account. Whatever you decide should be set out clearly in the agreement.
Insurance is especially important. Items in storage can be at risk from fire, flood, or theft. Adequate cover is needed to protect their value. The agreement should state who must arrange and maintain the insurance, how much cover is needed, and who receives any payout. If you do not set this out, you risk financial loss and more disputes at a difficult time.
Communicating property arrangements with your spouse
Open and honest communication with your spouse, ideally through solicitors, about property arrangements is key. Emotions can run high, but keeping talks professional and clear can greatly reduce conflict. Decisions about what to store, where to store it, for how long, and who pays should be discussed and agreed by both. Also agree on access, so both sides know how and when items can be collected.
Avoid unilateral decisions, as they can create mistrust and lead to claims of hiding assets or seeking an unfair edge. If direct talks are too difficult, using solicitors as go-betweens can keep discussions focused on practical answers, not emotion. The aim is a fair and workable outcome on all shared property, and good communication helps achieve that.
What are the risks of improper handling of shared property?
Handling shared property badly during a divorce can derail the process and lead to serious legal and financial problems. It is a minefield that needs very careful handling.
Potential legal disputes and court interventions
The most immediate risk is a rise in legal disputes. If one spouse believes the other has removed, hidden, damaged, or unfairly disposed of assets, they may go to court. This can lead to applications for freezing injunctions to stop further disposal, or orders to return property. These court steps take time, are emotionally draining, and are very expensive as legal fees mount. The court’s central aim is a fair split of assets, and actions that undermine that aim will meet a firm response.
Disputes over property can also slow the whole divorce. Reaching a financial settlement can already take a long time, especially if issues are contested. Adding fights over mishandled items stretches the timeline, keeps both sides in limbo, and increases costs. The court may order independent valuations, making things more complicated and costly.
Can mishandling property affect your divorce settlement?
Yes. Mishandling shared property can seriously harm your settlement. Courts expect full and frank financial disclosure. Hiding assets, disposing of them wrongly, or undervaluing them is a serious breach of that duty. If a spouse behaves this way, the court has several options.
The court can “add back” the value of assets that were dissipated, treating them as if they still exist and dividing the total accordingly. The spouse who acted wrongly may then receive a smaller share of what remains. Such behaviour can also hurt how the judge views that person’s honesty and reliability, which can influence other parts of the case. The welfare of any children is always the first concern, but beyond that the goal is a fair outcome, and deliberate mishandling of assets works against that. It is a costly mistake with long-lasting effects.
Frequently asked questions about storing shared property during divorce
How long can property remain in storage during divorce proceedings?
There is no fixed time limit. It depends on the facts and how quickly the financial settlement is reached. Divorce cases with complicated finances or disputes can run for years, and items may stay in storage during that time.
Keep the storage period as short as possible to cut costs and reduce the risk of loss or damage. The written agreement from solicitors should include a timeline for storage and for handing out the items later. If the case takes longer than expected, update the agreement. In the end, items stay in storage until the court makes a final financial order or the parties reach a binding agreement on division and distribution.
Can children’s belongings be treated differently?
Yes. The courts put the welfare of the children first. While children’s things are technically part of shared property, items that belong to the children (toys, clothes, keepsakes, school materials) are usually given to the parent the children live with most of the time, or split in the way that best supports the children’s routine and comfort. The aim is to reduce disruption and keep children’s access to their belongings in their new home.
Arguments over children’s belongings are discouraged, and parents are expected to act in the children’s best interests. If parents cannot agree, the court can make orders about these items, but it is uncommon unless this is part of a wider pattern of uncooperative behaviour. Often, these items move with the children without formal court action.
What are the remedies if property goes missing from storage?
If items go missing from storage, the options depend on the facts, the storage agreement, and insurance. Possible routes include:
- Insurance claim: If the items were insured, make a claim under the policy. This shows why insurance and clear agreement terms matter.
- Claim against the storage provider: If the storage firm was negligent or in breach of contract, you may seek compensation for the loss.
- Address it in the divorce case: If one spouse caused the loss, the court can “add back” the value of the missing items to the marital pot, which can reduce that spouse’s share.
Good records of the items’ existence, value, and condition before storage will be key to any of these remedies.
Key recommendations for managing shared property storage legally
Managing shared property storage during a divorce calls for a clear plan and sound legal steps. To protect your position and keep the process smoother, follow these tips:
- Prioritise communication and agreement: The best way to handle shared property is open, sometimes difficult, but direct communication with your spouse. Try to reach agreements on what to store, where, and for how long. Using solicitors as intermediaries can keep talks practical.
- Document everything carefully: Before storage, make a detailed inventory. List every item, add clear photos or videos, and note condition. These records help prevent disputes and support any insurance claim or court application.
- Put agreements in writing: Write down all storage arrangements, including costs, insurance, access rights, and how items will be shared later. A written agreement reduces confusion and gives you a binding record.
- Get legal advice: Self-help may seem cheaper, but family law has many rules. A specialist family solicitor can draft strong agreements, explain your rights and duties, and protect your interests in the wider settlement. They can also explain how cases like Standish v Standish may affect you.
- Know what counts as “shared property”: Shared property is not just jointly owned items. Things gained during the marriage, even in one name, are often matrimonial property. Clarifying this early helps avoid later arguments.
- Be open and avoid unilateral actions: Courts require full disclosure. Hiding, removing, selling, or damaging shared property without agreement can lead to court orders undoing deals or adjustments to the final settlement. Openness reduces legal trouble.
- Set out insurance and costs clearly: State who pays storage costs and who must arrange and maintain proper insurance. This limits financial risk and protects against unexpected events.
- Think about matrimonialisation: If one of you brought assets into the marriage or received gifts/inheritances, get advice on whether they became “matrimonialised” over time, as this may affect division.
- Plan for delays: Divorce can take time. Budget for longer-term storage, review costs, and update agreements if timelines change.
- Put children first: For children’s belongings, aim for a calm, child-focused approach. These items are usually handled with care to support the children’s well-being.
By following these recommendations, you can handle shared property storage during divorce with more confidence, reduce disputes, and work towards a fair result for everyone involved.