Can I Force My Partner to Sell The House?

How to force a house sale if your partner refuses

Navigating a separation is difficult enough without the added stress of a property dispute. If your partner refuses to co-operate, you may wonder, “under what circumstances can you force a house sale in the UK?”

This guide explains how you can force a sale of a jointly owned property, your ownership rights, and whether buying your partner out could be an alternative. We’ll guide you through the available options to help you find the right way forward.

How can I force the sale of a house? 

You generally cannot force your partner to sell a home that is jointly owned without mutual consent or a court order. Ultimately, both parties must consent to a sale of jointly owned property if both names are on the deeds.

Nevertheless, you may still have options even if a partner refuses to sell, including negotiating a settlement, applying for a court order, or buying out their share of the property. The type of property ownership also influences the legal rules around forcing a sale and the options available for moving forward. 

At The Property Buying Company, we’re here to help you understand your options and find the best way forward.

Can I force my partner to sell the house if they refuse?

If you feel like you’re fighting a losing battle when it comes to selling your house after a divorce or separation, you’ve come to the right place. When you’re ready to move on, but you’re experiencing a property dispute, it can leave you feeling unsure of what to do next. Of course, we understand that finding an amicable solution is easier said than done.

The options available for you to move forward partly depend on how your property is legally owned, whether it be a Joint Tenancy or a Tenancy in Common.

Joint tenancy

Most married couples tend to opt for a Joint Tenancy agreement when buying a house together, which means they legally own equal portions of the house. This doesn’t change if they contribute different amounts to the mortgage either; it’s agreed that each party will receive 50% of the property.

Tenancy in common

The common alternative to a joint agreement is a Tenancy in Common, which divides a property into two unequal shares depending on the investment made by each party. This agreement isn't limited just to couples; it can also affect friends, relatives, or other co-owners.

For example, one person might have contributed 35%, and the other 65%, so the legal agreement reflects that in terms of ownership. Any sale of the property thereafter will be based on the percentage split.

Feel free to check the government’s website for more details about joint ownership and how it affects your rights.

Can I force a sale on a joint mortgage?

In the event of a separation when a joint mortgage is in place, both parties on the agreement will still remain liable to pay the mortgage. Even if one person has moved out, it doesn’t remove responsibility for the mortgage payments. 

As outlined by Elite Law Solicitors here, a Declaration of Trust can be made to determine how the proceeds of a sale should be divided. However, this does not automatically resolve disagreements or give either owner the right to sell the entire property without the other's cooperation.

When a partner refuses to go ahead with a Declaration or a proposed sale, the situation becomes more complicated. In these instances, it may be necessary to seek legal advice and apply to the court for an order for sale.

Applying for a court order to force the sale of a property

Whether you have a Joint Tenancy or a Tenancy in Common on a house, going to the courts won’t guarantee a quick sale, and the outcome will depend on your individual circumstances.

However, a fairer sale may be reached under the 1996 Trusts of Land and Appointment of Trustees Act (TOLATA). The court will take into account factors like the original purpose of the property, secured creditors' interests and the welfare of any children involved.

Although it might not be possible, reaching an agreement outside of court is the most cost-effective way of resolving a property dispute. If you are separating or divorcing and need advice about your rights, the Citizens Advice website offers useful information about your options. It’s also best advised to seek advice from a solicitor experienced in handling property disputes to understand your best courses of action.

Can I force my partner to sell the house if we’re married or unmarried?

Forcing a sale if you’re married

If you’re divorced or separated, it may be possible to force the sale of a house even if your partner doesn’t agree. For instance, married couples can deal with the family home as part of their divorce financial settlement. If an agreement can’t be reached, you can apply to the Family Court for a financial order. Through this, a partner can be ordered to sell the property, transfer ownership to one spouse, or postpone the sale altogether. 

The court will also prioritise the welfare of any children and their housing needs, such as delaying the sale until the child reaches a certain age. The government website also offers useful information about money and property during a divorce.

Forcing a sale if you’re unmarried

Unlike married couples, unmarried partners cannot rely on a financial settlement process to solve property disputes. Instead, unmarried partners will be required to apply to the courts under TOLATA to order a sale. 

Should I remortgage to buy out my partner on the house?

One common way to resolve a joint property dispute is to remortgage the house in your own name and release equity to pay your partner off.

In short, this means you’ll need to prove that you can afford the mortgage repayments as the sole owner of the house. The amount of equity you have in the property will ultimately affect how much you will need to pay your partner. For instance, if you agree to buy your partner out to the tune of 50% of the equity to which you have both contributed, the deal might look a little something like this:

Lenders will assess your affordability to make mortgage repayments, so think about any professional changes on the horizon before taking any steps in this direction.

Can I buy out my partner on the house with cash?

If you’re in a position to buy out your partner’s share of the house in cash, this can be a much simpler way to bring it to a conclusion. This can be a straightforward way to resolve a joint property dispute, allowing you both to move on if a fair buyout amount is reached.

Once you’ve agreed on a route, it’s highly recommended that you consult a solicitor before entering into any sort of financial arrangement with your partner, especially if you’ve contributed different amounts to the house deposit and mortgage payments.

How can I sell the house if I get sole ownership?

If you’ve secured sole ownership of your property, whether through a cash buyout or a remortgage, you have a few options if you want to sell. The three most common routes are selling traditionally on the open market with an estate agent, putting it up for auction, and selling to cash buyers.

Each option comes with different costs and timescales:

The direction you choose will depend on your circumstances. For instance, if the most important thing for you is to achieve close to 100% market value, you may be best suited to selling through an estate agent. However, if speed is your priority, it may be worth considering a cash buyer like The Property Buying Company, who will help you to sell your house fast.