What consent do I need from my spouse/partner in order to sell my house?
If you jointly own your family home with your spouse and are looking to sell it when one party disagrees, you might be wondering what your rights are which we can help with.
There's no avoiding it, it's a messy subject, but we understand that if you're going through a divorce or seperation then your home may be the largest asset you've both contributed too and you may be eager to sell the home just to move on with your life, but your husband or wife may not be in the same headspace. It's a question we quite regularly get, can you sell your home without your partners consent?
The answer is a little bit trickier than a simple yes or no. We've provided our expert insight as to your permissions on when you can and can't sell a home.
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There are certain circumstances where you can fore the sale of your house. You can only sell the house without consent from your spouse (this includes civil partnerships) if they are not joint owners. If you are the only person named on the official copies or title deeds for the property then you are the sole owner and you would not fall into this category. This means you can sell, rent out or re-mortgage the property, do pretty much anything with the property that you want, without having to have your spouse’s permission.
When we say joint ownership of a property this is what we mean. There is a big difference between being named on the mortgage and named on the title deeds, which you may have no realised. Being named on a mortgage means you have a responsibility for making payments, but does not automatically mean you’re a joint owner. Know the difference and where you stand before rushing into any action, your spouse can be on the mortgage but not the title deeds which would still mean you could sell the property.
If you look at selling the property because your spouse isn't a joint owner then there is still something they can do to try and block you from selling the property. Your spouse may apply for home rights in order to gain permission to stay within the property, which will obviously mean you are unable to sell for a period of time. If they apply for this then the Land Registry will contact you to let you know and provide a bit of isnight into what it may mean. What you will need to do if this happens is to seek legal advice to try and redeem the right to sell your property.
If your spouse has paid towards the mortgage, any home improvements or construction work on the property then they can apply for an occupation order to remain living at the property, which again if granted will mean that you can't legally sell the property. In order to do this they will have to use a solicitor for this and it could go to court, which can be an expensive or deal for both sides. The court will recognise that they have an established interest in the property and could be entitled to a share in its value when it’s sold. This is quite a complex area, each case varies because the cirucmstances are different and the contributions might be different too, so legal advice is recommended should it get to this stage.
If you have joint ownership of a property then you cannot sell without your spouse’s permission, and there's no real way around this. You do have a few options on what you can do though:
If at all possible you should try and settle it out of court, if not only for the cost but because it means that the outcome is out of your hands and you both may not get what you hoped for.
Are you looking for a quick resolution to a messy situation? We can help. If you’re looking to sell your property quickly for a cash sum, in as little a 7 days, then get in touch today. As stated above we will only be able to buy your property if you either have the consent of your partner or they are not considered to be a joint owner. If you're interested in getting a quote, we can provide you with one in as little as 24 hours, just get started by answering a few questions about your home using our online quote process:
Getting an initial offer on your house is completely free of any charge, and if you're not entirely sure as to whether or not you will be able to sell it due to your ownership situation, this is something that we can help talk you through and try and find a solution. Our service is a sell house fast, which means that we can buy your house in as little as 7 days for cash whilst handling everything for you and taking all the stress and hassle out of a traditional sale process, however, in return, we are completely transparent in the fact that we are unable to offer full market value.
The next question you'll have is likely how much we can offer for your property. We'd love to be able to provide you with a straight forward figure, it really depends on your property, the location and the condition, although as a rule of thumb we generally offer around the 80% mark of its value. All it takes is a quick conversation with us and we'll be able to give you a rough figure on what we can offer straight away, so you can determine whether this service is beneficial for you.
What sets The Property Buying Company apart, and why should you choose us ahead of a traditional estate agent? Well, as we've mentioned we can buy your house in as little as 7 days, it's quick and easy. There's no broker or middlemen, we have our own cash at the ready to purchase your property. We can help you through every step of the process as we're experienced property experts & will talk you through the sale of your property and whether you require consent.
We're also a trusted name in the industry and are a part of The Property Ombudsman & The National Assocation of Property Buyers which means we have to adhere to a high standard of service and meet certain codes of practice.
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|Your options||Average sale length||Typical cost to you|
|The Property Buying Company||2-3 weeks||£0.00|
|Other House Buying Companies||2-10 weeks||£1000|
|Property Auction||6-10 weeks||£2500-£5000|
|Online Estate Agents||16-52 weeks||£1000(upfront)-£5000|
|Estate Agents||16-52 weeks||£5000|
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