Divorces and moving house are two of the most stressful things to go through.
Combining the two compounds the difficulties…
This guide aims to help you better understand this area and your options.
Divorce in the UK
There were 80,057 divorces in England and Wales in 2022.
This represents about 42% of the number of marriages in the same year.
The average marriage in the UK and Wales lasts 12.9 years. And the most common reasons cited for divorce are (in order):
- Unreasonable behaviour
- Adultery
- Desertion
Types of divorce
There are two main types of divorce: mutual consent divorces and contested divorces.
Different divorcing and selling home scenarios
Some divorcing couples sell their house, others buying one another out. There are currently no reliable statistics on which scenario is more common.
However, 69% of people’s wealth in the UK is tied to property and land. So, homes are often a couple’s most significant asset and an essential part of divorce.
There are many scenarios around how the proceeds of a house sale are split after divorce.
Each party worries about a range of issues, including:
- Their ex can claim half of their house
- They should move out during the divorce process
- They can change the locks during this period).
However, one of the most significant issues is the concern that an ex may force you to sell a property.
Below, we have covered most of the most common scenarios that appear.
1. Solely owned home (/one name on the property deeds)
Even if your or your partner’s name is solely on the deeds, a property can’t always be sold during a divorce.
In other words, nothing can be decided about the property until the divorce is finalised.
The property will be discussed during the negotiations. And the court will decide and order whether or not to sell it.
2. Jointly owned house with a child(/children)
Most courts grant permission for full-time custody of the children in the family home if:
- Both partners own the home
- There children are under 18.
They will assess the finances of the parent with custody to ensure they can maintain the home.
A Property Order will be issued to confirm this situation. It usually remains in place until your children turn 18 or leave full-time education.
After this, the house may be sold, and the money divided between the two parties.
Legal bodies typically aim to ensure that children remain at home with one of their parents.
So, in this scenario, an ex-partner usually cannot make you sell the family home.
3. Jointly owned home with no children
Children are not the only deciding factor in what happens to a property during a divorce.
If there are no children, but the home is in both of your names, your ex still cannot force you to sell.
In this scenario, with both your names on the deeds, you are both entitled to a share in the home. Neither joint owner can force the other to sell against their will without a court order.
With no children to consider, the courts will assess points such as the following:
- Can one party buy out the other’s share in the property?
- Does one party have the finances to remain in the property on their own?
- Is it best for both parties to sell and split the money?
4. Unmarried breakups and house sales
Jointly owned home and unmarried
Legalities around property don’t only extend to divorcing couples.
Some couples are not married but cohabit in a jointly owned home. They might still have the same rights as a married person in some circumstances.
In this scenario, one partner cannot force the other to sell the home. The other partner must first agree to a sale.
However, the first partner can apply for a court order to sell the property – which can’t be ignored.
The court will consider several factors regarding the circumstances. For example, whether the property is a family home for dependent children.
Even if the couple can afford to rehouse themselves, the court won’t necessarily grant an immediate sale.
It will often defer sales to allow each party to become more financially stable or until all children have reached 18 years old.
Solely owned home, unmarried and no children
If an unmarried couple is childless, property decisions can be more straightforward.
This particularly true when:
- The property is in one partner’s name
- The couple has not been together for a significant amount of time
- The couple does not share any other assets.
My divorce hasn’t been finalised
In most cases, according to the law, both parties have the right to live in the home until a divorce is finalised.
However, this can obviously be uncomfortable…
So, a decision should be made to make the situation as bearable as possible.
Seeking legal advice is a must for anybody going through a divorce. A solicitor can help with all issues, including decisions related to house sales.
If you feel your ex-partner is forcing a house sale against your will, you can also seek a Notice of Home Right against the property.
This will prevent your partner from selling the house while you are still legally married, even if the property is in their name.
What circumstances can you force a house sale UK?
Having a property with two legal owners, such as you and your ex, can prove difficult when one of you wants to sell.
As we have mentioned, an order for sale will need to be applied for, and the courts will decide on the best course of action.
Outcomes from the courts can be one of the following:
- Refusal of sale
- Refusal of sale but an order is placed regulating the right to occupancy
- Sale is granted
- Sale is granted but suspended for a short period
- Partition of the co-owned property (in exceptional circumstances)
How much is a court order to force sale of a house?
Court order to force the sale of a house (also known as an order for sale) costs depend on specifics of cases and lawyers.
PDC Law estimate that after an application cost of £308, legal counsel fees can range from £500 – £1,500 per hearing.
Speaking to Citizens Advice Bureau and a legal professional for more information.
Can I be forced to sell my house?
As one of the leading cash house buyers in the UK, We Buy Any Home has put together this detailed guide on selling a family home during and after a divorce.
It aims to help you understand your legal options, but we advise you to always seek professional legal help if you haven’t already.
We Buy Any Home is an experienced cash house buyer that operates in a fully managed way to sell your house after a divorce.
