Can Your Partner Sell The House Without Permission?
Do you need a signature from your spouse?
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Content Written By: Kirsty Rowett - Last Updated: 23/05/2025
We get how tough it can be to feel stuck in the midst of a divorce or separation with a family home to consider. It’s a position nobody wants to be in and, of course, one that you’ll want to be over as quickly as possible.
That’s why we’re here to help you understand your rights and what can be done about the property you shared as a couple. Use this guide to learn more about the legalities surrounding your situation as husband or wife, but be sure to seek professional advice from a trained family law solicitor to help you make the right decisions.
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What are your property rights?
Your rights to the house depend on the agreement you made at the start of the mortgage. This can fall into three main categories:
Joint owners: If you entered into a joint-ownership agreement, you’ll own equal parts of the house and both of your names should be on the mortgage deed
Tenants in common: If you signed a Tenancy in Common agreement, you’ll own different percentages of the house based on the contributions you’ve made to the deposit and the mortgage payments thereafter
Cohabitants: If you are simply cohabitants and only one person’s name is on the mortgage, only one person has the legal right to stay there after a separation
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While joint owners and tenants in common in a marriage or civil partnership have legal legs to stand on in terms of ownership, cohabitants don’t have the same rights to request postponement or refusal of sale from the court if the dispute goes that far.
For more information about your property rights, we’d advise you to check out the MoneySavingExpert guide to owning a property with someone else here.
A huge part of this complicated situation comes down to whether or not children are involved, too. If it’s a family home and children depend on it for stability, particularly throughout their years in education, the courts will look favourably upon them when deciding how to judge the outcome of a property ownership dispute. The safety and security of the children will typically come first.
Not every property disagreement goes to court, of course, but it’s important to know where you stand before making any such movements. Seek legal advice from a family law specialist if you’re unsure about your property rights.
Read more: Selling a house before or after a divorce
Is it possible to sell a house without someone’s permission?
A jointly owned house cannot be sold without the permission of both parties whose signatures are on the legal documents. This means that no one party can throw the other one out or lock them out of the house, no less force a sale without their consent.
If your name is on the deeds, you have a right to stay there even after a divorce or separation. An ex-partner would need to take the case to the courts and have a strong case for selling the house on their own—more on that later.
Why do you need a signature to sell a house?
The signatures of all owners on the deeds are required to sell a house to make sure that all the legal needs are met. Clear evidence of agreement to the terms is a necessity for any property to legally change hands.
Signed property contracts ensure the transaction is valid and legally binding, so don’t sign anything before you’ve discussed your rights with a qualified solicitor.
Such signatures need to follow specific legal formalities to provide binding proof of the parties’ agreement on the sale contract, the transfer deed and the completion documents. Here’s why that’s important:
Proof of agreement: A signed contract is evidence that all parties involved have agreed to the terms of the sale. This helps to prevent disputes.
Compliance with law: Under the Law of Property (Miscellaneous Provisions) Act 1989, section 2, property contracts must be in writing and incorporate all the agreed terms. This law requires a wet signature by all buyers and sellers to make the contract legally binding.
“A contract for the sale or other disposition of an interest in land can only be made in writing and only by incorporating all the terms which the parties have expressly agreed in one document or, where contracts are exchanged, in each.”
Law of Property (Miscellaneous Provisions) Act 1989 - Section 2
What can my ex-partner do if I refuse to sell?
If you have a right to live in the house as a joint owner, tenant in common or cohabitant with part-ownership under the Family Law Act 1996, your ex-partner will need to apply to court to take the matter to a judge. This might mean that an order to sell can be enforced by the judge if it is deemed the legally appropriate route to take, especially if children are involved. Equally, the judge can refuse the request to sell if it has been made on unreasonable or duplicitous grounds.
If you are the victim of domestic abuse, you can apply for what’s known as an occupation order—this is a legal injunction that will determine not only who can live in the house, but also who can enter the surrounding area.
Check the government’s website for more information about occupation orders.
Courts are highly unlikely to uphold unsigned contracts and force a sale through, so, again, your best course of action is to seek legal advice if you’re being pressured into giving your signature to something you’re unsure about.
Can my ex-partner buy me out of the house?
If you are joint owners or tenants in common, one course of action your former partner can take is to buy you out of your share of the house. Such an arrangement will depend on how much each of you has put into the house over time, but this can be set straight with the help of a qualified solicitor.
Your ex-partner can remortgage to release equity and pay you for your share with the proceeds, but you both need to agree to this as a route to take—they won’t be able to remortgage a property with your name on it without your permission.
It’s highly recommended that you seek professional advice when dividing up any assets between you in the event of a divorce.
Check the Citizens Advice website for information about dividing your belongings, including property and money, before taking any further steps.
FAQs
Can you be forced to sell a jointly owned house?
Well, yes, actually you can. That being said, it's only under certain circumstances, mainly during a divorce or disputes amongst co-owners.
In both of these situations, the court can take action and resolve the matter and order what the judge sees as a fair distribution of assets.
Can my husband put our house on the market without my permission?
It depends on who the owner is. If you are joint owners, you both need to give permission in order for the property to be marketed; however, if one person has the sole proprietorship and name on the deed, they don't need to seek the other party's approval.
Why do you need a signature to sell?
It ensures the property transaction is legally binding, and valid. It provides proof of agreement by all parties involved and is required under Law of Property (Miscellaneous Provisions) Act 1989
Are you entitled to half the house if not married?
The answer is that it depends. If you are not married, your entitlement to the house will depend on the type of ownership. In England and Wales, there is no legal concept of what is referred to as "common law marriage", meaning there is no automatic legal right to your partner's property.
You may be entitled to a share if you can prove that you have acquired an interest in the property, such as demonstrating that you made financial contributions like paying for part of the mortgage or renovations.
Edit Log
23/05/2025 - Content written by Kirsty Rowett
23/05/2025 - Content updated in line with Editorial Guidelines (Reviewed by Mathew McCorry)
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