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Sell Your House After Divorce or Relationship Breakdown

When a marriage or relationship fails, dividing assets is emotional. Sell your home fast and break free from the past.

The inevitable has happened.  The house you bought together is now at risk because you decided to divorce and end the relationship.

You must decide how best to tackle the joint property you own once you’re no longer a couple and figure out whether it’s best to sell the house or let one person live there.  Can you ex force you to sell the house?

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We'll buy your house quickly.

 

It might be best to sell the home as it is rather than start renovating it.  The good news is that Property Saviour will buy any property regardless of its condition.

Our compassionate team ensures you feel safe and informed throughout.

Reasons people sell their home fast after splitting up

sell house without wife's or husband's consent
If both parties want a quick break then they have to sell a property to a cash house buyer.

Joint homeowners: Selling your jointly owned home

Property Saviour has been helping people like you deal with a house sale after their divorce or relationship breakup for many years across England and Wales.

Our small, friendly team of experts understand that it’s a difficult time, often fraught with high emotion and difficult memories. 

As husband and wife, you may have held separate assets, combined everything, or a mixture of both. 

Let us help you make a clean break from the past and free up cash to enjoy the next part of your life’s journey.

If you are a couple who are joint property owners, you both need to agree to sell for the sale to go ahead.

Otherwise, if the relationship is not on speaking terms, you may have to apply for a court order to sell the jointly owned property. 

Could my partner refuse to sell the house after divorce?

Yes, your partner could refuse to sell the house after a divorce in the UK. They have the right to do so if you are both joint property owners.  There are a few things you can do if your partner refuses to sell the house:

  • You could try to agree with them to sell the property. This could involve one of you buying out the other or selling the property and splitting the proceeds.
  • If you cannot reach an agreement, you could apply to the court for an order of sale. Before deciding, the court will consider all the relevant facts, such as the needs of any children.
  • You could also try to sever the joint tenancy. This would mean that you would each own a share of the property, and you could then sell your share without the other person’s consent.

It is important to seek legal advice to sell a property after divorce. A lawyer can help you understand your rights and options, and they can represent you in court if necessary.

The court will consider these factors when deciding whether to order a sale:

  • The needs of any children
  • The financial circumstances of both parties
  • The wishes of the parties
  • The value of the property
  • The availability of alternative accommodation

The court will also consider whether there are any other reasons why a sale would be unfair or unreasonable. For example, if the property is the family home and one of the parties needs to continue living there, the court may refuse to order a sale.

What happens if one person wants to sell the house and one doesn't?

If one person wants to sell the house and one doesn’t in England, these are one of three possibilities:

  1. The parties can try to reach an agreement. This could involve one person buying out the other or selling the property and splitting the proceeds.
  2. If they cannot reach an agreement, one person can apply to the court for an order of sale. The court will consider all relevant factors, such as the needs of any children, before deciding.
  3. If the court orders a sale, the parties will have a period of time to sell the property themselves. If the property is not sold within that time, the court will appoint a receiver to sell it.

What are the tax implications of selling a house during a divorce?

If selling a house during divorce in the UK, you may owe capital gains tax (CGT) on any profit.

Exemptions include:

  • Private residence relief if you lived in the property as your main home for 2 of the last 5 years. This exempts you from CGT.
  • No gain/no loss transfer to your ex-spouse as part of the divorce settlement. This also exempts you from CGT.

Seek financial advice to understand tax implications and claim all exemptions you’re entitled to when selling a house after divorce. CGT is due within 30 days of the sale. More information is on the HMRC website.

Sole homeowners: Protecting your property after separation

If you are the sole owner of the property, you can sell the property.  Please ensure you have legal advice regarding splitting up assets before selling. 

  • Unmarried sole owners: For those who are unmarried with sole ownership, selling the property enables you to pay debts, settle any secured loans and IVAs or simply share the proceeds with your ex-partner. 
  • Cohabiting couples:  Couples who live together are not dealt with in the same way under UK Law as married couples.  The aim is to compensate the non-homeowner for their contribution to the mortgage, household bills and substantial home improvements for the years you were living together.
  • Relationship status: Regardless of whether you were dating, in a ‘complicated’ situation or engaged, you must still consider all the valid financial facts and points of law since property ownership can be a complex minefield of who did what, when, how, and who paid for what.
 

We are by your side if you sell a house after a divorce.  Make sure both of you agree to this; we’d be happy to help.

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2024: Divorces are at an all-time high

Sadly, the rate of couples getting divorced now is higher than at any point in the last 50 years. Lifestyle and moral values plus external stressors on the relationship often contribute, as does the strain of joint property ownership and shared financial responsibilities in an ever-changing, fast-paced world.

Divorce forcing a quick sale?

Our cash offers are fast and fair.
5/5

Did exactly as promised and received a reasonable 'cash offer' which was for more than I thought it would be.

Adultery, cheating and unreasonable behaviour

We obviously wouldn’t wish to speculate on any relationship situation, but according to official sources by the Office of National Statistics (ONS), adultery still remains the most common cause for divorce.

The rise of easy-to-access dating sites, neglect of one partner’s needs if the other is a workaholic, alcoholism, gambling and substance use disorders. 

Alarmingly, domestic violence (to both men and women) can become untenable factors in maintaining a healthy relationship.  Keeping a home together when you feel trapped, anxious, unloved, sexually neglected or mentally drained is often too much to cope with. 

Once you’ve decided to make the break, the reality sets in that there are assets to consider. 

Domestic violence helplines

As a responsible and ethical company registered in the UK, we would always advise you to seek support for any domestic violence situations. 

Get independent financial advice regarding the relevant legal channels for your circumstances, before you make any long-term decisions about selling your home.

Your safety must always be a priority. 

How to sell your house fast when splitting up

There are several options if you want to sell your house before or after a relationship or marriage breaks down.  We’ve compared them below:

Pros/Cons

Estate agent

Auctioneer

Cash house buyer

Timeframe

Up to 6 months

Up to 3 months

Up to 10 days or quicker

Fees

2% plus VAT

2% plus VAT plus entry cost

Free

Legals

£,1200+

£1,500+

We'll pay you £1,500

Value

Up to 95%

Up to 80%

Up to 75%

Estate agents may not be suitable for some people as they will bring potential buyers to the house for viewings. This could worsen your situation if you are trying to sell house secretly without your husband, wife or ex-partner knowing.

They can also take 3 to 6 months to sell, and charge fees and commissions that you may not be able to afford.

Selling at auction is another option, particularly if the house is run down, neglected or not up to the usual standard a buyer would require.

Selling at auction is complicated if you don’t understand the process, with fees to the auction house payable, plus fees for marketing materials.  If you want to go down this route, our Property Saviour team can help you with an assisted sale at auction. 

The quickest and simplest option is often to sell your house to us for cash.

We are the buyer, so there is no middleman, and you deal with one of our property specialists throughout the whole process. That means we can answer any questions you have, and be there to support you with any additional needs, such as arranging a house clearance.

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