Step-by-Step Guide: How To Sell House Without Husband or Wife’s Consent?

After a relationship break down, it is natural for you to investigate the possibility of selling your house without the consent of your husband or wife.  Our guide tells you everything you need to know when it comes to selling your home discreetly without your spouse knowing.

Do I need consent from my partner/spouse to sell my house?

Whether you are going through a divorce or separation, it is understandable that you are looking for a fresh start.  Your husband or wife may not agree with you, but you have made up your mind about selling and moving on.

The answer depends on your situation.  If your home is jointly owned, then you both need to agree to sell.  If one party disagrees then the other part has to obtain a court order to sell.  You can check if property is jointly owned by downloading a copy of property’s register from official Land Registry’s website.

You can only sell the house without consent of your spouse or civil partner if they are not a joint owner.  This means that you can rent or sell the property as you see fit without seeking consent of your spouse.

Is your partner named on mortgage repayments?

It is worth checking this with your solicitor however, being a joint borrower on a mortgage does not automatically make your partner a joint owner.  This means you could sell your property.  Naturally he/she won’t be too pleased with your decision and could sabotage your sale if you are thinking of putting up a big for sale board outside your home.

Can your spouse stop you from selling the house?

Even if your spouse isn’t a joint owner, he/she can apply for home rights to gain permission to stay within the property.  This means that you will be unable to sell the property for a certain period.  If this happens, you will need to seek independent legal advice.

If your partner has paid towards the mortgage repayments or made any home improvements, then he/she can apply for an occupation order.  This will give him/her the legal right to remain at the property.  To sell this property, you will have to speak to a solicitor and possibly apply for a court order – the costs can easily run into tens of thousands of pounds.  The court will recognise their financial interest in the property and grant them their value once the property is sold.  It is always best to seek independent legal advice as family matters are complex and each case varies depending on individual circumstances.

Can a joint owner force the sale of a house?

With a jointly owned property, you can’t sell without your spouse’s permission.  There is no other alternative option.  You can offer to:

  • Buy their share of the property for an agreed price
  • Agree to sell it together and divide proceeds of sale, as per agreement
  • If your spouse refuses to sell, you can begin court proceedings

You should try and do everything you can to settle this matter out of court.  The cost and outcome are both out of your hands, and there’s no guarantee that outcome will be what you had hoped for.

Can I sell my house discreetly?

You can sell your property free of charge to Property Saviour.  We will make you a guaranteed cash offer.  We will pay up to £1,500 towards your legal fees.  Our ‘we buy any house service’ ideal for complex properties where the need for speed is paramount.  You can discreetly sell your property, start fresh and move on.  All it takes is a quick conversation with us.  Start by filing in the enquiry form, and we will call you back to see how we can help.

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