How to Sell a House During Divorce

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A divorce or separation is a difficult time for everyone involved. It can be stressful and emotionally draining, even without the pressures of deciding how assets are to be divided or sold.

Here, in order to make the process easier for you, we have explained the various ways in which you may sell a house in divorce proceedings - including under circumstances where one partner does not wish to sell.

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By the end of reading our extensive guide you will be armed and ready with a full understanding of how to sell a house during divorce,how to sell your house fast, how to get the best possible price and how to avoid the scams that are ever present online.

Chapter
1

Transferring or Dividing Ownership

Transferring or Dividing Ownership

Whether you wish to sell a house after a divorce, during the separation process or even before legal proceedings begin, it will naturally be easier if you and your ex are in agreement.

If you both wish to sell, there are a number of routes you can take. These depend in part on the nature of your tenancy arrangement.

Types of Tenancy

You and your partner may own your property as “joint tenants” or “tenants in common”. This matter will have been decided when you purchased the property.

The type of tenancy determines a kind of hierarchy of ownership and may determine the best way to proceed with your sale.

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  1. What are joint tenants?

    As joint tenants, you and your partner both own the entire property and have equal rights to everything. In this case, both owners will need to give their consent for the property to be sold.

    If you are joint tenants, you cannot force a sale should your ex refuse. However, it is possible to apply for a “severance of joint tenancy”, which changes the arrangement from a joint tenancy to a tenancy in common.

    You may do this yourself, using the steps laid out here on the gov.uk website, or your solicitor may do it on your behalf.

    Once you are tenants in common, you may be able to force a sale.

  2. What are tenants in common?

    If you and your partner are tenants in common, it means that ownership of the property is divided between you; you don’t both own the entire home.

    You may have equal shares, or ownership may be divided in a different way to balance it with your individual contributions within the relationship.

    As tenants in common, one partner may “buy the other out” of the property and take on full responsibility and ownership themselves. If the other partner refuses to sell, it may also be possible to “force” the sale.

  3. Living in a home owned by your partner

    If your home belongs entirely to your partner, you may be concerned about where that will leave you after the divorce.

    It may be some comfort to know, therefore, that unless your marriage or civil partnership was particularly short, you will likely have what are called “home rights”.

    You will not be able to claim these rights if your partner owns the property with another individual. However, if it is solely in their name, you will be able to register your right to live there with HM Land Registry. This may stop your partner from selling before the divorce is finalised.

    You may even be able to arrange a “continuation order” if certain financial agreements have not yet been brought to a conclusion, which means you will be able to stay in the property for a set period of time even after the divorce.

  4. “Buying Out” Your Partner to Sell a House During Divorce

    One of the more straightforward approaches to selling your house when separating from your partner is for one of you to “buy the other out” of their portion of the asset and then sell it as the sole tenant.

    As mentioned above, you will need to be tenants in common, rather than joint tenants, in order to do this.

    If you do not already have a joint tenancy agreement, you should apply for a severance of joint tenancy - as mentioned above - before taking the next steps.

    In order to buy your partner out of their share in the property, you will first need to work out how much equity you each own. To do this, simply subtract the amount of your mortgage that is yet to be paid from the overall value of your property.

    If you are not sure how much your home is worth, you can ask an estate agent or property buying specialist for an estimated valuation.

    Alternatively, you can do a little research yourself by going on platforms such as Rightmove and Zoopla to find properties that have recently sold in your area. Prioritise properties that are of a similar age, size, layout and condition as your own.

    Pick a few of these and find an average to determine an estimate of the amount for which your property may sell.

    Once you have subtracted the amount remaining on your mortgage from this sum, you’ll be able to see the amount of equity you own in the property.

    You should then divide that amount according to each person’s ownership percentage. That way, you will be able to work out how much money you will need in order to buy your partner out. You may need to remortgage in order to be able to afford this.

    However, if you have the capital already available, you could ask your lender to undertake a “change of borrower”, and simply remove your partner from the mortgage and leave it entirely in your own name.

    Once you have bought your partner out of the house, will be solely responsible for all mortgage repayments. However, you will also have the right to sell it straight away if you so wish.

    Alternatively, if your partner wishes to keep the property, they can buy you out and remain there.

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Chapter
2

Forcing a Sale

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If you and your partner are tenants in common, but your partner refuses to sell a house after your separation, you may be able to force the sale.

This involves making an application to the County Court. According to section 14 of the Trusts of Land and Appointment of Trustees Act 1996, you’ll need to request a County Court Judgement or “CCJ”.

This is something that you can do independently, or via your solicitor. Once this is granted, you can apply for an Order for Sale.

A hearing will then be held, where you may make your case for the Order to be granted. It is possible for your partner to contest an order for sale and present arguments to support their request that it either be postponed or overturned.

In order to oppose the order, your partner may seek to prove that forcing the sale of the property will affect them disproportionately in terms of their finances or wellbeing, or that of the wellbeing of any children or other dependents.

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On the basis of the arguments presented at the hearing, the court may take one of the following actions:

  • Refuse the order for sale
  • Refuse the order but put into place regulations regarding the right to occupy the property
  • Uphold the order for sale
  • Suspend the order for sale until a suitable time (for example, until any dependents have left home)
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Chapter
3

Selling Your Property to Pay for Your Divorce

Selling Your Property to Pay for Your Divorce

It may be that, in order to afford high quality legal representation during divorce proceedings, you feel you have no option but to sell property.

Before you take any major steps, however, you should first check whether you are eligible for legal aid. It may be that if you are a victim of domestic abuse, for example, you may be able to access significantly subsidised assistance.

If you do not qualify for legal aid, you should approach your local Citizens Advice Bureau to find out if there are any alternative options. You should also ask your solicitor if it is possible to set up a payment plan to spread the cost of their services in a more manageable way.

Many law firms offer free initial consultations, which may be useful to you. Finally, if you are on a low income or benefits, or if you do not have much in the way of savings, you may be able to apply to get the court fee waived for your case.

It may well be worth pursuing the avenues described above before resorting to the sale of a valuable asset.

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However, if none of these options seem viable in your particular case, or if you would prefer to sell your property, then read on for some useful advice and guidance.

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Selling Your Property Fast

Selling Your Property Fast

While going through a divorce and selling a house at the same time may sound stressful and tumultuous, there are ways to juggle both without becoming overwhelmed.

Following new regulations that came into force in the spring of 2025, a divorce will usually take around seven months to complete. The average property sale - when using an estate agent - takes more than 16 weeks, or nearly four months. Both may take longer if complications arise.

While it is not usually possible to expedite divorce proceedings, a property sale may be achieved far more quickly if the seller, or “vendor” decides to abandon the traditional estate agency route.

There are two methods of property sale that are usually far faster than the use of an estate agent. Using one of these should enable you to access a lump sum of money from your sale in plenty of time to help you to cover the legal costs involved in your separation.

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Auction

Auction

If you decide to sell your property at auction, you’ll need to choose whether to use the “traditional” or “unconditional” method, or the “modern” or “conditional” method.

Both approaches require you to register with your chosen auction house and to undergo identity checks. You will also need to provide proof of your ownership of the property and to instruct a solicitor to put together a “legal pack” containing all of the particulars required for the sale.

You will also need to set a “Guide Price” - which is a figure that is visible to the public and helps potential bidders to decide on a sensible offer - as well as a “Reserve Price”, which is kept private between the seller and the auctioneer and represents the lowest acceptable bid.

You may also be required to make the property available for potential buyers to view - but you may be permitted to arrange this in “blocks”, with multiple visitors at a time, to make matters more manageable.

However, the two methods of auction differ significantly from here on.

When selling via traditional auction, a specific date and time will be set on which potential buyers may bid on your property. The highest bidder that surpasses the reserve price with their offer will automatically enter into a legally binding contract as soon as the “gavel falls”.

The same day, they must pay a 10% deposit. They will then have a period of time - usually 28 days - to complete the transaction.

When selling via the modern method of auction, your property will usually be listed online. Potential buyers may bid on the property for as long as the listing is “live” - which may run to a period of 28 days or even longer.

Once bidding is closed, the winner is required to pay a 5% “reservation fee”. They are then granted a period of time during which to get their affairs in order in preparation for the purchase. This may include:

  • Instructing a solicitor
  • Applying for a mortgage
  • Arranging valuations, checks or surveys

This period is usually around 28 days long, but may vary between auction houses. At this point, the buyer is usually expected to pay a 10% deposit and exchange contracts. They then have another period of time - often a further 28 days - to complete.

This type of auction process is often referred to as a “conditional” method, as the highest bidder does not enter a legally binding contract until they exchange. This means that they may still drop out of the purchase - though, if they do, they will lose their reservation fee and any deposit.

Both of these approaches tend to be faster than a standard estate agency sale, and the traditional method is significantly more secure.

However, if you are interested in an even faster turnover with greater security, you may prefer to opt for a fast house sale via a “we buy any house” company.

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“We Buy any House” Firms

“We Buy any House” Firms

Another approach to receiving a quick cash payment from the sale of your property is by approaching a fast home buying organisation.

Also known as “we buy any house” companies, these organisations can purchase property directly from the vendor, usually in three months or less.

It is worth noting that all fast home buying companies pay below market value for property, as they make their money by selling homes on the open market. For this reason, you can usually expect to receive an offer of between 70 and 85% from a company of this kind.

However, “we buy any house” companies are the perfect answer to sellers prioritising speed. As mentioned, they are able to complete a sale extremely quickly, as there is no third party involved.

You will not have to wait for buyers to express interest in and to arrange viewings, nor will you need to wait for a chain to complete or worry about the sale falling through.

Many fast home buying companies even have their own pool of conveyancers that have been chosen for their speed and efficiency, and may encourage you to utilise these specialists instead of having to find your own.

Some companies will only purchase from you if you use one of their selected legal experts, while others will permit you to select your own as long as you are willing to foot the bill.

Many organisations of this kind will cover all legal costs if you utilise one of their chosen solicitors, and will also waive agency and valuation fees. As a result, much of the money that is forfeited by accepting a below-market-value offer may be recouped by saving on bills.

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Selecting Your Service Provider

“Selecting Your Service Provider

It is important to make sure that the home buying company you choose is trustworthy and will work in the way you require. This sector is as yet unregulated by the government, which means that there is the possibility of unscrupulous parties duping and scamming their “clients”.

However, significant steps have been taken to safeguard sellers and to prevent underhanded behaviour within the industry.

In 2013, the NAPB (National Association of Property Buyers) was formed to ensure that all home buying companies registered therewith would be held accountable for all actions associated with the buying and selling of property.

It is a very good idea to check that the service provider you are considering is registered with this body. They may display this information on their website. If not, you will be able to check the NAPB’s own register of members.

Many home buying companies are also registered with the NAEA (National Association of Estate Agents), TPOS (The Property Ombudsman Scheme), the FSB (Federation of Small Businesses) and other regulatory bodies.

You should also take a look at each company’s reviews on sites such as Trustpilot, allAgents, Reviews.io and Feefo - as well as any feedback and star ratings displayed on their Google search engine results page.

The more positive feedback you see, the more likely a company is to provide an efficient and effective service.

Membership of a regulatory body will give you a clear idea of a company’s trustworthiness, while reviews are likely to help you to understand a little more about an organisation’s process and their standard of customer service.

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Any Questions?

Any Questions?

If you wish to know more about selling your property before, during or after divorce proceedings, it’s a good idea to contact the Citizens Advice Bureau or to isit the gov.uk website.

When it comes to accessing funds by selling property quickly, we can help.

Our team of knowledgeable property experts can make you a fast, no obligation cash offer for your property if you are seeking a lump sum to help you cover your legal costs. If you are happy to go ahead with our offer, we can buy your property in as few as seven days.

For further information, do not hesitate to contact us today.

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