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Is my consent needed when my partner sells our house?

The Property Buying Company is the right choice if you're looking for speed, convenience and assurance,

The answer to this very much depends on your circumstances. If you are married (this includes civil partnerships), but your home is only in your husband or wife’s name, you still have a right to live in that home, even if they want to sell it. This is called matrimonial home rights.

By law, if one spouse owns the family home and the other does not, the one who doesn’t is allowed to remain in the family home and not be forced to leave as long as they register for home rights. 

The first step in this process is to find out if your property is registered with the Land Registry. If you contact them then they will be able to give you this information and, if it is, they will explain which documents you will need to complete and send to them to register for home rights. There shouldn’t be a fee for this, but it is best to check when you enquire, just so you can be prepared.

If your property isn’t registered with the Land Registry then you’ll need to apply for this. You should fill in a class F land charge registration form and K2 application form and send them to the Land Charges Department. There is a small fee for this so you should contact them to find out what it is.

When you register your home rights the Land Registry will contact your spouse to inform them. These home rights will not end until the marriage ends, either through divorce or the death of either spouse.

In the case of divorce, the home rights will end on the date of your decree absolute. There might also be the opportunity to extend your home rights by making a court order if your financial proceedings have not concluded and you express a desire to stay in the family home. This is called a continuation order.

It is worth noting that you can only register your home rights against your family home and not against any additional properties. You can cancel your application for home rights at any time.

If you jointly own the home with your spouse then you don’t need to register your home rights as you’re already an owner of the property. The property cannot be sold or re-mortgaged without your consent or before you’ve signed the relevant documents.

To find out how we can help you today, call us on:

0800 024 8444
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Complete a few details to see if your property qualifies and get a cash offer

5 simple steps to having your property sold!

Our quick (but thorough) 5 step sale process means we can buy your house fast and at a great price

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  • 01.

    Check to see if your property is eligible check now

  • 02.

    Receive an offer from us within 24 hours

  • 03.

    We’ll visit your property & formalise our offer

  • 04.

    We’ll instruct solicitors and pay all fees

  • 05.

    Exchange contracts & complete as usual

Rated as Excellent - aww thanks guys!

Independent reviews of our service from reviews.co.uk

4.83 Average

392 Reviews

2 sycamore

Very efficient and professional, no problem regarding communication, would definitely recommend!

Posted 5 days ago

Mr Spurling

Having phoned the company I spoke to ADAM who was very helpful and arranged an appointment for Patrick Woods to view the property on 6th June...he was also very helpful...and gave me a briefing on the company procedure....with some advice and an offer to purchase the property...I did not feel pressured but did feel confident in the company..... Adam followed up telephonically and we discussed the situation...and I raised a few queries of my own.... As I have various personal issues it was left to me to get back to the company as and when I wished to go ahead.. I would certainly like to thank bother Adam and Patrick for their efficiency and kindness..

Posted 1 week ago

25 poplar avenue

Justine was fantastic to work with, very professional and efficient, would recommend and work with again. Nick from Sharman Quinney, Peterborough

Posted 1 week ago

Gothic House

Communication was always very good, Justine Middleton was a pleasure to deal with. Thanks again

Posted 1 week ago

15 Ferndown

Great communication throughout. Easy to deal with. Helpful and friendly along with professional standards.

Posted 1 week ago

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

National Association of Property Buyers The Property Ombudsman
500+

Properties bought by us for cash in
the last 2 years

£61,554,000

Of our own money spent buying
property for cash

2-3 weeks

Average time taken from initial offer
to completion