Is my consent needed when my partner sells our house?
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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.
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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
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