What consent do I need from my spouse/partner in order to sell my house?
The Property Buying Company is the right choice if you're looking for speed, convenience and assurance,
You can only sell your 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. This means you can sell, rent out or re-mortgage the property without your spouse’s permission.
There is a difference between being named on the mortgage and named on the title deeds. 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 may apply for home rights in order to gain permission to stay within the property, even if they aren’t joint owners. If they apply for this then the Land Registry will contact you to let you know. You will need to seek legal advice if this happens.
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. They will have to use a solicitor for this and it could go to court. 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 so legal advice is recommended.
If you have joint ownership of a property then you cannot sell without your spouse’s permission. You can offer to buy their share of the property, but get an independent valuation to ensure a fair price is set. This will depend on whether you’re eligible for a mortgage for that amount or not. If your spouse refuses to cooperate, then you will need to begin an action of division and sale in court. This takes a lot of control out of your hands and gives it to the court which means you may still not get the outcome you hoped for.
If you’re looking to sell your property quickly for a cash sum, and are the sole owner of the property, then get in touch today. We can take the hassle out of your property sale and all legal fees are included.
To find out how we can help you today, call us on:0800 024 8444
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Our quick (but thorough) 5 step sale process means we can buy your house fast and at a great price
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Exchange contracts & complete as usual
Rated as Excellent - aww thanks guys!
Independent reviews of our service from reviews.co.uk
The whole experience has been easy and very helpful, Lucy & Jessica were both extremely efficient with their service and I would recommend them highly.
Very prompt service and prepared to discuss alternatives and ideas. Very impressed.
The team were all extremely helpful and polite and made every effort to ensure a speedy turnaround. Even offering to cover upfront search costs, in order to expedite the searches, should the outcome of probate not be favourable. They have regularly contacted me to keep myself and my solicitor informed of how the sale was proceeding. The teams efforts didn't stop at the sale of the property. Post sale they have provided expert support and invaluable contacts to ensure my project doesn't delay. Thank you for all your help, I look forward to our next purchase together. Regards Mark
Brilliant company very quick and responsive
I had an excellent experience with the property buying company. Elie Topp was exceptional in dealing with sale of my property. The whole process was quick, easy & transparent. I would definitely recommend the property buying company to my friends.
Why sell your house to us?
We’re one of the leading buyers of residential/commercial property and land in England and Wales. We buy using our own cash facility meaning we can offer the best prices in our industry and complete the sale quicker than anyone else.
|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|
Unlike most of the other options available to you, we are not a broker or middle man, meaning you skip the fees and get a sale quickly and easily.
The Property Buying Company is registered with the Property Ombudsman and is a member of the National Association of Property Buyers
Properties bought by us for cash in
the last 2 years
Of our own money spent buying
property for cash
Average time taken from initial offer
We'll beat any genuine cash offer!
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