Selling a home can be a difficult process under normal circumstances. Add a personal issue like divorce into the mix, and it can become even more complicated. Many find themselves in a situation where they need a quick sale but, due to legal complications, those going through a separation anyway – not just divorce in Scotland – experience a long, drawn-out process.
The main reason for this is due to a lack of preparation and research. It’s not necessarily their fault either; personal circumstances like divorce can crop up unexpectedly. But that’s where we come in.
In this article, we’ll discuss everything you need to know about selling your home after a divorce in Scotland.
Let’s get started with one of the common questions.
Is it better to sell a house first or divorce first?
Now, every situation is different, so there isn’t a one-size-fits-all answer. However, selling first can ensure a smoother process as the divorce process will be made one step easier. This is based on the assumption that you and your ex-partner are both aware of the impending divorce and are both in agreement that the house needs to be sold.
The key here is being able to have open communication where both parties can agree to sell and are happy with how the proceeds will be split.
Is there a time limit on selling a house after divorce in Scotland?
In Scotland, the timing of selling a house after divorce will depend on the legal and financial arrangements that will have been agreed upon during the divorce settlement agreements, also known as a minute of agreement.
Within this, the details of the property division and issues surrounding the sale of the house will be considered. Here, any deadlines and conditions can be added. However, there isn’t a strict or specific time limit that must be followed as per Scottish law.
Struggles you may face when selling your Scotland home after divorce
During a divorce, there may be unexpected issues that can arise. Preparing for this can ensure you’re well prepared. Here are some common issues.
Selling your house if one partner refuses
In some cases, one partner may not wish to sell the property. This can cause delays and issues in getting a property sold. The best way to avoid this is to have open communication and try to resolve any underlying issues. If you can’t come to an agreement, ultimately, the court will make a decision based on your circumstances.
Can my partner sell without my consent?
The short answer is consent is not required; however, the process is subject to Scottish family law, which can prevent the sale of property.
So, if your partner applies for an order of division and sale (essentially initiating legal proceedings to sell a property), you will need to file a counter court action. Here, you can request the right to live in the house for a specific period or outright refusal. You don’t necessarily need to be listed as a joint owner to prevent a sale, either.
Do I have to sell if my partner leaves?
If your partner is in agreement that the property can be left in your name, then you don’t need to sell. However, if they request a sale, then again, a court decision will be required. You may be able to pay for the share owned by your ex-partner or delay the sale if you have children under the age of eighteen.
Forcing the sale of your house
A sale can be forced but only through the appropriate channels of Scottish family law. However, the court offers different avenues and doesn’t always guarantee that a sale of property will be decided.
The court’s decisions in such cases can fall into one of the following categories:
- Denial of the sale.
- Denial of the sale but with an order establishing occupancy rights.
- Approval of the sale.
- Approval of the sale with a temporary suspension.
- Partition of the jointly owned property (in rare and exceptional circumstances
The steps of selling your house after divorce in Scotland
Communication and Agreement
First, both parties need to agree on selling the house and the terms of the sale. This may involve negotiations to agree on issues like:
- The sale price
- The division of proceeds
- Ownership shares
Failure to agree will then require using the court as a mediator. Their decision will enable the selling process to begin.
Decide how to sell
Next, both parties need to decide on how to sell the property. There are a few options, and the best one for you will depend on your personal situation.
Estate agent
Using an estate agent can offer an easier process to sell your property. They will take care of the listing and find buyers. However, it can take longer to find a buyer, and there will also be additional costs to consider, such as estate agent fees, commissions, and not to mention solicitor costs.
Auction
Using an auction to sell a property after a divorce also has its own pros and cons. On the positive side, auctions can offer a quick and efficient way to sell a property, ensuring a faster divorce process.
However, auctions can result in a lower sale price. If there isn’t enough interest, buyers could bid lower than the property’s market value. Again, there are fees associated with auctioning, both for sellers and buyers, which again reduces the overall proceeds from the sale.
Cash house buyer
Cash house buyers are the most advantageous choice for divorcing couples looking to sell their property efficiently and with minimum hassle. The process is often rapid and straightforward. Additionally, the money is readily available, so there are no delays in getting mortgage approval, resulting in a sale concluding within days or weeks, not months. The value is often fixed on the current market value of the property, which is still a good offer. Additionally, if you need to sell a house fast, a cash house buyer is the best choice.
Completion of Sale
The sale is completed when the buyer pays the agreed-upon price and ownership is officially transferred. The proceeds are distributed according to the settlement agreement.
Is now a good time to sell a house in Scotland?
At the time of writing, the average price of a property in Scotland is £192,000. While there have been recent drops in prices over the last few months, the average property value in Scotland has continued to rise, especially since Covid. So it is still a good time to sell a house in Scotland.
How can We Buy Any Home help?
If you have a property that you’re looking to sell. We can help. We can provide a cash offer within 24 hours. The offer will take into account the current property market prices. Once you’re happy with the offer, we can complete a sale in as little as seven days. Additionally, we don’t look at factors like the condition of your property or even the location; we’ll make you an offer.
You don’t need to worry about your house not selling; we’re ready to buy. Through our services, you can avoid any delays during your divorce proceedings and get your house sold quickly and easily.
