When you divorce or separate, one of the hardest decisions to make is what to do with your home. It’s your biggest asset, especially as house prices continue to rise, but it also has a history for you both, and may represent and ideal place to continue living for one of you. So what are your options?
The Basics
You should always seek qualified legal advice on these matters, but in a nutshell, of you’re married, in a civil partnership or living together and own the home jointly, your partner cannot sell it without your permission.
Even if your partner is the sole owner, if you’re married or in a civil partnership, your partner still can’t sell the home without your permission (this does not apply if you’re simply living together).
In other words, you do at least have a safety net – in most instances you can’t be simply thrown out on the street. However, be aware that if you’re just living together with your partner as the sole owner, and you have no agreement in writing to show you have a financial interest in the property, then you have very little legal status, and even in court you’re unlikely to see any proceeds from a sale.
Staying In The House
It’s not uncommon in a divorce for one partner to buy out the other and stay in the family home. Make sure there’s an independent valuation on the property to ensure a fair price is set. Of course, much of this is dependent on you or your partner being able to obtain a mortgage for the appropriate amount.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
If Your Partner Refuses Permission
If you want to sell and your partner doesn’t (or vice versa), one person can begin an action of division and sale in court. However, the other party can petition the court to a division of the proceeds, or to buy the place at a market price or one decided by the court.
In the case of one person being the owner of the property and the other withholding permission to sell, then the courts can allow the sale under certain circumstances. In essence, these are if one party is unable to sign for medical reasons, if one party has vanished and can’t be found, or if the court believes that permission in being unreasonably withheld.
It can also attach conditions to the sale, such as setting a date by which any sale has to be completed, or a minimum selling price.
How Much Can You Expect?
Obviously, it’s impossible to put a figure on how much you’ll receive. But a sale doesn’t mean you’ll split the proceeds 50-50. It all depends on what you agreed when you bought the place, whether one or other of you has put a lot into the property, how the deed reads, and if you can come to an agreement, either between yourselves or through solicitors, when you break up.
If you can’t come to an agreement, the court will decide for you, taking several factors into account. If you’re married, then it will depend on who paid part of the deposit, whether one or other of you has really been making the mortgage payments, who will be looking after any children, the income of each partner, and what other resources either of you might possess.
The court can also decide, if one of you is raising children from the marriage, that that person can remain in the property with the children until they’re of age, or even without children, that one person can remain in the property and pay rent to the other party.
He doesn't want to sell the house, because he doesn't have enough money or a strong enough income to purchase another property and his industry has been hard hit by the lockdown.
I want to sell so I can move on.
What can I do?
How long does a "order for sale" take?
Thank you for your help
We put down the same amount of deposit but I have been making all the mortgage payments and invested a lot more in renewing the flat.
Now we are selling the place and she things that regardless of how much she put in we will get 50:50 once the flat it’s sold
Is that correct or should I be getting a bigger share given the fact I invested more?
Many thanks
My husband left me at the start of lockdown and we have an 8 month old son. He moved out of the home we both own soon after and has rented somewhere else.
Things have started to get very sour from my husband and we have agreed to sell the property. He makes a substantial more than me and I have our son the majority of the time. I would say he has him approx 30 hours a week.
What are my rights for when we sell. He put in a small amount more towards the deposit. Would we then split it 50/50 when we sell or does he get more as he out in more?
Me and my partner separated 18 years ago now and myself and my 2 kids lived in the house.
We were never married but the house is in both our names.
Be only paid the mortgage for the first year he lived in the house and never helped once he moved out. He never gave child maintence while the kids were growing up either.
I would like to get him off the morage but I don’t believe he deserves me to give him 50% to buy him out but legally his name is on the deeds where do I stand
My fear is she cannot afford to buy me out abs thinks ignoring the situation means she stays in the house with nothing to pay.
Where do I stand? If she is unwilling to meet my fair demands for buy out, I would like her also removed and the property sold on our behalf.
My brother and I now own my mother's interest in the property. Since her death, we have fallen out with the boyfriend.
We do not speak and my brother and I hold no emotional attachment to the house.
As we have no relationship with said man, are we able to sell our mother's interest as she left it to us?
He is currently living in the house and has had a few new relationships move in and go. As stated, we Re not on friendly terms and just wish to move on without this hanging over us.
This was a DV case & he was removed from the property by court order so not a man that is usually willing to negotiate or be reasonable.
Appreciate any advice
Thanks in advance
I have bought a house 2 years ago together with my cohibit partner, unfortunately the relation seems to come ending now we don't have any children nor married. I want to sell the house but she doesn't it's complicated now what to do.
Would there be any solution for that please advise.
Kind regards
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