Going through a divorce can be a particularly stressful experience, especially if you have property to deal with in the process.
In this guide, we’ll discuss what you can do if your partner refuses to sell your joint home, as well as the different ways you can divide your property if you both agree to sell.
Can you sell your house if you’re going through a divorce?
Yes, you can sell your house if you’re going through a divorce.
However, for many couples, it is often preferred to sell the property before the divorce or even a while after the divorce is finalised in order to transition into different homes more thoughtfully. This is usually the case for families with young children.
Can you refuse to sell your house in a divorce?
Yes, if your partner is the one who is refusing to sell the house, then you can obtain a court order forcing them to sell if it is not affordable or reasonable for them to remain in the property as part of the divorce settlement.
However, court proceedings can be lengthy and expensive and there are alternative solutions that can be used.
How selling your house during a divorce works
If you are selling your house during a divorce, then you will need to prove that you have achieved a fair market value for it. You will need to have the property professionally valued and if possible, you will need to agree this valuation with your spouse in writing.
If the house is in your sole name, you have a right to sell it. However, if it is the matrimonial home then your spouse would likely have registered matrimonial rights on the property and so you would need to give them a notice of the sale and obtain their consent to vacate and remove their rights to allow a sale to proceed. If you own the property together, you will both need to consent to the sale.
Once the house is sold, any outstanding mortgage will be repaid and any costs associated with the sale such as the estate agents fee and the conveyancing solicitors costs will usually be discharged. The remaining balance from the sale proceeds will then be considered as part of the divorce settlement.
Going through a divorce and selling your home at the same time can be very challenging. However, working with our specialist family solicitors at VM Family Law can help to make the process less stressful, while also providing you with expert advice and guidance.
How is a house divided in a divorce?
When you’re going through a divorce, there are several options about how you can divide the family home.
You can decide to:
- Sell the home and both parties move out. The remaining money used after repaying the mortgage and sale costs can be used by each party as a deposit for a new home.
- Arrange for one party to buy the other out of the property so that one party keeps the property and the other party receives a lump sum.
- Defer a sale of the property. For example, one party could stay in it while they have young children and then agree to sell it once the youngest child turns 18. The net sale proceeds would then be divided between the parties. This is called a Mesher Order.
- Transfer part of the value of the property from one party to the other as part of the financial settlement. The party who transferred their ownership rights would keep an ‘interest’ in the home. This means when the property is sold, they will receive a percentage of its value.
- The court can also use a ‘Martin’ order to defer the sale of the house, giving one person an entitlement to occupy the property for life or until they remarry and then the house would be sold and the net sale proceeds divided.
Who gets the house in a divorce with children?
There is no general rule for who gets the house in a divorce with children, but the court will make all the decisions surrounding the property in the best interest of the children.
Often, the parent who is considered as the primary caregiver will be entitled to stay in the family home with the children if they can afford it. This helps to ensure the children are safe, secure and grow up in a familiar environment with minimised disruption to their lives.
How do you manage property if your spouse refuses to sell during a divorce?
When you own property with your ex-partner, you both retain the right to make decisions regarding your marital home. These rights extend to the right to sell but things can be made difficult if one party is reluctant to sell the house.
There are three options you can use when it comes to one partner refusing to sell the marital home during a divorce:
- Seek mediation - If you are unable to reach any sort of agreement with your ex-partner, then it may be a good idea to speak to a mediator. A mediator is a neutral third-party who will be able to discuss the best options available to both parties and they may even find solutions that neither you or your ex-partner may have thought of.
- Instruct a specialist family lawyer - If you cannot reach an agreement directly with your ex partner then a family lawyer can negotiate a settlement on your behalf or if this is not possible then an application can be made to court.
- Obtain a court order - If you and your partner are struggling to reach an agreement, then it may be possible to obtain a court order to sell the house. This is often referred to as ‘forced-sale’ and if it is deemed as being the best option for both parties, then it will likely be granted.