Need help selling a house after divorce?

Sometimes, it is much easier to sell a house before a divorce (i.e., before paperwork is finalized). It makes it easier to divide the assets from the sale of the house.

However, one spouse cannot sell a home without permission from the other. Both parties must agree before a house can be put on the market. If there is no agreement, a judge can provide a resolution.

If both parties agree about how the assets will be split after the sale, then selling the property before a divorce is easy. It is no different from selling a home at any other time.

Both parties must agree if the house is to be sold during a divorce. An agreement should then be put in place about how the proceeds will be split.

As long as both parties agree, selling a house during a divorce should be just like selling a home outside of a divorce.

It does not matter whose name is on the property deed, both people have the right to stay in the house during a separation.

Neither party can force the other from the home without a court order.

If one spouse moves out, they can return whenever they wish (assuming no judicial order prevents them from doing so). And neither spouse is legally allowed to change the property’s locks.

In practice, one person will likely leave the home. Two people can rarely live together amicably while going through a divorce.

It is up to the two parties to come to some agreement here, which is where solicitors can help.

If the divorce is the result of domestic abuse, this can change. Make sure to speak to your lawyers for the best advice on this.

Whoever’s name is on the mortgage agreement is responsible for paying it during a divorce.

And if both parties have their name on the mortgage agreement, both parties must continue to pay their mortgage.

This applies even if one person has since moved out.

Lenders know that people often have issues paying their mortgage when it comes to divorce and selling a house. Many have contingencies where mortgage payments can be delayed, or sometimes reduced, for a few months.

It is always worth contacting your provider to discuss this. But remember, this is not a permanent solution. Eventually, regular payments will need to resume.

There are very few circumstances where you can force a house sale during a divorce.

The only exception is when a property has become unaffordable and there is a risk of foreclosure or bankruptcy.

A judge must grant a court order if a house sale is to be forced. If either party ignores this, they will be charged with Contempt of Court.

Neither spouse can decide by themselves that the property is at risk of repossession. This can make applying for a forced house sale costly and often time-consuming.

A solicitor can walk you through situations where a house sale can be forced.

You must retain the services of a solicitor if selling your home after a divorce. They will help to protect your rights.

Do not rely on the advice given by your ex-partner’s solicitor. They do not have your best interests at heart.

Both parties should clear out the property as soon as possible after the divorce – it can make the selling process much faster and make the ex’s less likely to meet one another.

While it can be difficult, you and your ex-partner must talk about finances. Talk about the following:

1. How mortgage payments will continue until the home is sold.
2. How the income from the house sale will be split.

If you cannot speak to your partner directly, communicate through solicitors. It is their job to ensure that discussions are productive, even when the split is less than amicable.

We know that going through a divorce, even the most amicable, can be difficult. Selling a house is hard enough already.

However, rest assured, there is light at the end of the tunnel. When your home is sold, you’ll have some funds. Look forward to that fresh start!