Answering how to sell a house when one partner refuses AND what the best methods are for selling in this situation
Selling a house is never an easy process – you’ll find yourself with a never-ending list of things that need sorting and bills that need paying. It’s made even harder when the partner you’re selling with refuses to sell the property.
Getting put in this situation will have you feeling stuck and desperately googling ‘how to sell a house when one partner refuses’ (maybe that’s how you’ve ended up here!)
But it doesn’t have to be so tricky, does it? Surely there’s an easy(ish) way to get your house sold, when your partner is saying NO!
We’re here to answer these questions for you! We’re also going to give you the best methods for selling your house, even when your partner is refusing.
Selling a house in a marriage when one partner is refusing can be a little tricky – no one wants to fall out over what they want to do with their house.
You will need to have a look at the title deeds for the property and whether both names are on the deed or just one. If there’s only one name on the title deeds, then this person has the right to stay in the property, but also can’t force a sale.
The ‘non owner’ (also known as the person not on the title deeds) has the right to continue living at the property alongside any children, even if the property is sold.
In order to get the non-owner removed, you would need to obtain their consent. If the non-owner refuses to give consent and they’re being unreasonable in doing this, then the court will get involved, getting rid of their right to consent.
Whilst forcing a sale may sound like the ideal answer to how to sell a house when one partner refuses in a divorce, your ex-partner will still have some rights over the shared property, stopping you from forcing a sale, even if you’re the sole owner of the property.
They’re able to protect themselves with a matrimonial home rights notice, meaning you’re unable to sell the property, or increase the mortgage, without notifying them, allowing them to dispute any decision.
If you and an ex-partner are unable to come up with any agreement, you may need to involve a lawyer for extra help in arranging a solution. Whilst the courts will always be an option, it’s recommended to try and solve the situation away from the court, especially where children are involved.
And on that note, that takes us onto...
Whenever children are involved in a divorce, the courts will always take into consideration their welfare and needs as the top priority. Generally, a court will try to keep younger children remaining in the family home to reduce the disruption to them.
If this is the agreement in place, whoever is the primary caregiver of the children will be more likely to be able to remain in the property.
Sometimes a ‘mesher order’ is put in place. This means the house won’t be sold until certain conditions are met. The children will be able to remain in the property, until a certain event occurs, such as until the last child turns 18 or until all the children have finished their time in education.
If you’re wanting to sell the property and it’s in the best interest of the children, then this may be decided the appropriate action by the courts. However, wherever possible, it’s best to be able to come to an agreement outside of the courts, such as selling the property and splitting the proceeds.
As joint tenants, you all have equal rights to the property which will no doubt make you wonder how to sell a house when one partner refuses, as no sale can be forced due to everyone in the joint tenancy agreement having equal rights on the property.
In order to be able to force a sale, you would have to sever your joint tenancy and convert to tenants in common. Don’t worry – we know this sounds long and expensive, which is why we’re going to tell you about your other option in joint tenancy, which is buying your partner out…
Unless you’re lucky enough to have lots of cash free, it’s likely you will need to borrow in order to be able to finance buying out a partner. Buying a partner out means you take over their share of the property and mortgages, making it entirely your responsibility to care and pay for the property.
The partner who is being bought out will have their name removed from the title deeds as the equity will be transferred to you. You can either redoing house payments the property or use a product transfer, allowing you to use the same mortgage lender.
Once you have bought your partner out, you can then sell the property without needing to get any further permission, as you now own the property outright. Phew!
If your tenants in common partner refuses to sell the property and is refusing or unable to buy you out, you’re able to force a sale. This can be long and expensive but may be the only way forward to be able to get yourself the house sale you’re after.
In order to force a sale you will need to apply to the court for an ‘order of sale’. The potential responses you can get back are:
Refuse a sale
Refuse a sale but make an order regulating the right to occupy the property
Order a sale
Order a sale but suspend the order for a short period
The decision you receive will be based on:
Yours and your partner’s original intentions for buying the property
The welfare of any children who may live with you
The interests of any secured creditors (e.g. your mortgage lender) or beneficiaries
In case you’ve just read those last two sections and thought, ‘what is the difference between joint tenants and tenants in common?’ then have a read of this to brush up on your knowledge.
There are two methods which are best when it comes to answering how to sell a house when one partner refuses; either buy your partner out and sell the property when you own it outright or come to an agreement to sell the property together and split the money made from the sale.
If you choose to buy out your partner before selling the property, you will need to ensure you have something lined up to be able to sell the property on quickly.
This is because buying your partner out means you take on full ownership of the property, meaning it’s your sole responsibility to pay the mortgage and the bills, which can get expensive very quickly – making a faster sale a high priority.
If you’re choosing to sell the property and split the funds, then you will also want a quick sale, especially if you’re selling the house due to divorce. Most divorces don’t end amicably, so why would you want to be stuck living or owning a house with your ex-partner for a long period of time? You wouldn’t!
So where do you find a method to guarantee you a fast sale? It’s going to be hard to find, isn’t it?
No, we’re here to help!
Here at The Property Buying Company we will buy your property FAST for CASH! We’re a guaranteed cash buyer with over 50 years combined experience, so we really have dealt with it all!
If you’re selling due to divorce, and one partner isn’t agreeing, we can act as a mediator to help you both come to an agreement in selling the property.
Our average completion time is 2-3 weeks, but we have been known to complete in as little as 7 days, helping you get your property sold and completed ASAP, giving you the ability to move onto your next property.
We also cover all the fees, yes, the legal ones too, allowing you to sell your house for FREE! It also means the cash offer we give you is what you will receive in full – just what you want to hear when you’ve had to spend lots to buy out your partner.
Looking to sell after buying out your partner or ready to sell together and split the funds? Great! Give us a call or fill in our online form for a no-obligation cash offer, which we could have in your banks as soon as next week…
Selling the matrimonial home before finalizing a divorce in the UK is a decision that should be approached cautiously and with legal guidance.
It's important to consider various factors, such as the financial implications, individual housing needs, and any legal agreements or court orders in place. If both parties agree to sell the property, they can proceed with listing it on the market.
However, disagreements may arise if one spouse wishes to sell while the other does not. In such cases, it's advisable to seek advice from a property expert or real estate advisor who specializes in UK law to navigate the complexities.
They can provide guidance on legal options, negotiation strategies, and potential implications.
It's also important to consult with a divorce lawyer to ensure that selling the matrimonial home aligns with the overall divorce proceedings and any financial settlements being considered.
Collaborating with professionals will help ensure a fair and legally compliant process when selling the matrimonial home before finalizing a divorce.
If your husband is selling assets before a divorce, it can have significant implications for the division of marital property.
In the UK, both spouses have a duty to provide full and frank financial disclosure during divorce proceedings. Selling assets without proper disclosure and consideration of their value can be seen as an attempt to dissipate or hide marital assets.
This may be considered unfair and can impact the overall division of property and financial settlements.
It is advisable to seek legal advice from a property expert or real estate advisor who specializes in UK law to understand your rights and options in this situation.
They can assist in assessing the value of the assets being sold, ensuring proper disclosure, and taking appropriate legal action if necessary.
It may be necessary to notify your solicitor or take steps to prevent the dissipation of assets to safeguard your interests and ensure a fair division during the divorce process.
A financial agreement in a divorce, particularly when selling a house, is a legally binding document that outlines the financial arrangements between divorcing spouses.
It typically covers the division of assets, including the sale of the marital home, and may include provisions for property ownership, proceeds distribution, and any outstanding mortgage or debts.
The financial agreement aims to provide clarity and protection for both parties by specifying their respective rights and obligations. It may also address matters such as child and spousal support, pension arrangements, and ongoing financial responsibilities.
It is crucial to seek advice from a property expert or real estate advisor who specializes in UK law to assist in negotiating and drafting a comprehensive financial agreement.
They can ensure that the agreement reflects your needs and interests while adhering to legal requirements.
Working with legal professionals will help facilitate a fair and equitable division of assets and protect your financial well-being during and after the divorce process.
A D8 form is a document used in divorce proceedings in the UK.
It is an application for a divorce, dissolution, or judicial separation. While the D8 form itself does not directly impact the speed of a property sale, it is an essential part of the overall divorce process.
By initiating divorce proceedings and submitting a D8 form, it signals the intent to dissolve the marriage or partnership, which can help facilitate a quicker resolution of property-related matters, including the sale of a property.
Once the divorce process is initiated, parties can engage in negotiations, mediation, or legal proceedings to reach a settlement agreement.
This agreement can include provisions regarding the sale of the property, ensuring a smooth and timely process.
It is important to consult with a property expert or real estate advisor who specializes in UK law to understand how the D8 form and the divorce process can impact the property sale and to navigate the legal complexities involved.
Their expertise will help ensure that the property sale proceeds efficiently while adhering to legal requirements and protecting your interests.
When it comes to a joint mortgage, the situation can vary depending on the circumstances.
If both parties on the joint mortgage are able to reach an agreement, they can decide how to handle the mortgage.
This can involve one person taking over the mortgage, refinancing the property in their name, or selling the property and using the proceeds to pay off the mortgage.
However, if there is a disagreement or if the relationship ends in a divorce or separation, the situation becomes more complex.
In such cases, it's important to consult with a property expert or real estate advisor who specializes in UK law to understand the options available.
The parties may need to negotiate and reach a financial settlement that addresses the joint mortgage.
This can include scenarios such as one party buying out the other's share of the property, selling the property and dividing the proceeds, or continuing to jointly own the property and share the mortgage responsibility.
Ultimately, the best course of action will depend on the specific circumstances and the parties' ability to reach a mutually agreeable resolution.
Seeking professional advice will help navigate the complexities of a joint mortgage and ensure a fair and legally compliant outcome.
Deciding whether to remortgage to buy out a partner in the UK is a significant financial decision that requires careful consideration.
Remortgaging to buy out a partner can be a viable option if you have the financial means to take on the mortgage on your own and if it aligns with your long-term financial goals.
Before making this decision, it is crucial to consult with a property expert or real estate advisor who specializes in UK law to assess the feasibility and implications of remortgaging.
They can help you evaluate the financial impact, assess the affordability of the new mortgage, and review any legal obligations or agreements related to the property.
It's also important to consider the current market conditions, interest rates, and potential costs associated with remortgaging, such as valuation fees and legal fees.
Additionally, you should seek advice from a mortgage advisor to explore different mortgage options, compare rates, and ensure that you can secure a favourable mortgage deal. By seeking professional guidance, you can make an informed decision about whether remortgaging is the right choice to buy out your partner and achieve your property ownership objectives.
If you find yourself unable to afford the mortgage on your own after a divorce in the UK, it is essential to seek professional advice and explore your options.
One possible solution is to negotiate with your ex-spouse to determine if they can assist in covering the mortgage payments or agree on an alternative arrangement.
This may involve selling the property and dividing the proceeds, or exploring the possibility of refinancing the mortgage to make it more affordable.
Alternatively, you could consider downsizing to a more affordable property or exploring rental options. It is crucial to consult with a property expert or real estate advisor who specializes in UK law to understand the implications of your specific situation and explore potential solutions.
They can help assess your financial circumstances, review any legal agreements or obligations, and guide you on the best course of action.
In some cases, you may need to seek advice from a financial advisor or debt management professional to explore options for managing your financial obligations.
Remember, addressing the issue proactively and seeking professional guidance is crucial to avoid potential financial difficulties and protect your long-term financial well-being.