If you’re currently navigating your way through a divorce, you may be dreading the prospect of selling your home. This is a typical step when a couple separate and can seem like a daunting process.
Luckily, there’s no need to fear. We’ve put together a wealth of advice for you in this short help guide to make selling a home during a divorce in Edinburgh a lot more simple, and while we can’t guarantee that everything will be seamless for you, this guide should help take as much of the stress out of the process as possible.
In this article you’ll learn how to sell a property when going through a divorce, what the process may involve, plus some information on whether the sale of a property can be forced when going through a divorce in Scotland.
Can I Sell My House if I’m Going Through a Divorce?
So, here’s the big question. Can you sell a house while you’re going through a divorce?
The good news is that yes, you can sell a house if you’re going through a divorce. In most cases, the property in question is the matrimonial home, the property in which the family has been based and may be home to young children as well as the separating couple. In Scotland, the law dictates that all matrimonial assets should be divided equally in the case of divorce, with the matrimonial home being included within these assets.
This may differ if one of the parties has put significant funds into the house, or if money has been inherited and used to purchase the property. In this situation, there may be an argument for sale proceeds being divided otherwise from the typical 50/50 split.
If you own a property in your own name, you can sell the house at any time. However, it’s worth bearing in mind that your spouse may have occupancy rights over the property if the house has been used as the matrimonial home.
What Happens When Selling a House During a Divorce?
When selling a house during a divorce, there are several events that may occur. In some situations a pre-sale agreement may be drawn up, to establish who is responsible for payments for the property such as mortgage payments for example. This agreement would also help determine what would happen to the funds of the sale once the property has sold and money has been paid against an outstanding mortgage or estate agents/legal fees. It may be that funds are held by a solicitor until an agreement has been reached.
In some scenarios, one spouse may keep the matrimonial home and live in it, potentially with the couple’s children. In this situation, ownership can be transferred accordingly, or they may buy the other party out if they’re able to.
Another situation that may arise is that one spouse may live in the house, but the other spouse maintains an interest in the property until the house is sold. In these circumstances, the divorcing couple would need agree on who was responsible for potential mortgage payments on the house, or whether these would be split 50/50.
If the separating couple cannot agree on what happens when selling a property during divorce, a mediator may be necessary to help the two parties compromise and ensure the property is sold efficiently with both parties agreeing to the terms.
Can You Force the Sale of a House During a Divorce in Scotland?
When a matrimonial home in Scotland is owned jointly by a divorcing couple, one party may raise an action for sale and suggest how the property funds be divided.
To do this, the party in question would need to make an application for an order for division and sale. There are two scenarios in which a court may not grant this application:
- If there’s a counter-court action raised by the opposing party where they are seeking for the property to be transferred to their name – In this situation, it may be that the property title is transferred from a joint agreement to one of the spouses. This will require the lender to agree to the transfer and will also need to be represented in an overall agreement that shows the matrimonial assets have been divided fairly.
- If there is an order requesting that the other party be entitled to live within the house in question – If this is the case, the court may allow one of the spouses to live in the matrimonial home, particularly if young children are living there. The property sale may be delayed until a date in the future in the best interests of the children involved, for example when the children have finished education for example.
How We Buy Any Home Can Help
If you’re going through a divorce and are looking to sell your Edinburgh home, We Buy Any Home can help.
As the UK’s number one property-buying company, we can help you to navigate your property sale throughout your divorce to ensure that your sale goes through without a hitch. We can guarantee a sale on any property, and won’t charge you a penny in upfront costs or hidden fees.
Our service is particularly useful if you’re going through a divorce, as it can ensure a quick property sale in as little as 7 days.
If this sounds appealing to you, get a free, no-obligation cash offer via our website. You’ll receive a call from a member of our experienced team within 24 hours of your enquiry and will provide you with a cash offer based on the market value of your home.
If you’re happy with this offer, we’ll complete the necessary paperwork with you and arrange for your home to be surveyed at our expense. We’ll even appoint you with a solicitor (whose costs will be covered by us) to represent you during the sale process.
So what are you waiting for? Make your divorce that little bit easier by getting a free cash offer for your property with We Buy Any Home.
