A Practical Guide: How do you sell a house when you get divorced?
How to sell your home when you divorce
The very nature of divorce means that it can be a difficult time for all involved. There are emotional ties, but also financial, and that includes assets such as property.
Selling houses — regardless of the reason or situation — can be a tricky process in itself, but here we’ll try to make the process as clear and easy as possible, so you know exactly where you stand and what to do first. Things may be a little uncertain, we’d like to make this process as straightforward as possible.
The most commonly asked questions we hear include:
- What’s the best way to divide the house fairly?
- How do I sell my house quickly?
- What could stop me selling the house after a divorce?
- What other options do I have when thinking of selling property after divorce?
Sell House Fast has been through this process and this particular set of circumstances hundreds of times, so we not only understand how you’re feeling, we know how to navigate the path ahead and help you move forward as quickly and painlessly as possible.
If, after reading this guide, you still have questions, please do get in touch — we are very happy to help you however we can.
The thinking behind this guide is to make sure you are aware of all the options available to you and feel equipped to do what’s right for you and your unique set of circumstances. That might be as simple as a fast house sale, or might extend to considering your buy-to-let options, or even buying one partner out while the other retains ownership. It’s entirely up to you, and there is no right answer beyond what you feel will work best for your situation.
Here, we’ll discuss the traditional estate agent route, alongside your private sale options, and what you stand to gain from using a house-buying service. The aim is that, by the end, you can make an informed decision and move forward with your life.
How do you divide a house when you sell after divorce?
This isn’t clear-cut, sadly, and that’s the first point to make here. A house can be divided in may different ways following a divorce. But, to demystify the process, let’s take a look at the factors that might affect it.
What changes how a house is split when selling after divorce?
Your shared house is what’s known as a ‘marital asset’, and, in most cases at least, it’s the largest of the shared assets that needs to be discussed and divided. So, what are the main factors that might affect how the property is split?
Financial contributions
Property contributions — i.e. how much you each put into the property originally, and on an ongoing basis, will be taken into consideration. So this includes the initial purchase as well as the maintenance, alongside renovations and mortgage payments. It isn’t a hard and fast rule, but the more you’ve put in overall, the larger share of the proceeds from the property you are entitled to.
Ownership structure
The house division can be affected by the way in which the property is owned.
- Joint tenancy: This means you both have equal rights and obligations when it comes to the property, because you both own an share of it.
- Tenancy in common: This is similar to joint tenancy, except the house is owned by you each as individuals — so the share could be unequal and might be based on specific arrangements and/or each of your contributions.
- Individual paperwork and/or mortgage: This means one of you owns the house, not the other. But, it should be noted, this does not mean that only one of you will get the proceeds, after you divorce. There are several other factors that come into play before that decision is made, such as the length of the marriage, your individual contributions, your financial situations, and the needs of any children who may be involved. It is a good idea to talk to a family law solicitor, if indeed there are any children involved.
Equity and debts
Any debts, mortgage or equity in the home will be taken off its total value before it is divided between you.
Prenuptial agreements
If you signed a prenuptial — or indeed postnuptial — agreement, it might make things more straightforward for you here, as it should outline how assets should be split in the event of a divorce. It should be noted, though, that a court can rule that the document(s) are invalid or unfair, which would mean they can’t be adhered to.
Court orders
It is far from unheard of that you decide between you — out of court but with the help of your solicitors — how best to divide things. If this decision can’t be reached, though, a court will decide and issue a court order. This can be influenced by earnings, financial needs and the ongoing wellbeing of any children that might be involved.
In a divorce involving children, who gets the house?
Children’s welfare is always prioritised by the law when it comes to divorces. This is because there is a real danger that children will be negatively affected by their parents’ decision to divorce, and the ensuing process. The courts try to avoid them changing schools or moving house wherever possible.
The ‘primary carer’ of the two parents often has the right to remain in the family home with the children. But that often means that both parents have an ongoing financial stake in the house. This means both will have to be responsible for any maintenance, upkeep and mortgage repayments. This isn’t always the case though, and, as with all the possibilities listed here, the most imperative thing is that selling the property requires an agreement from both parties.
It may not feel like it in the first instance, but selling the home and moving on can actually be a huge relief and offer a clean slate and the opportunity to move forward for everyone. It can reduce the scope for ongoing disagreements and mean you can both move on independently.
When can you sell after a divorce, and when can’t you sell after a divorce?
You cannot automatically sell your home once you decide to get a divorce. The agreement needs to come from both parties. You then mutually need to decide when the best time to do that might be. And there may be further roadblocks that you both need to navigate and overcome, which we’ll go through here.
Can you sell your house before you divorce?
Yes, you absolutely can, and in some instances it can make the process a lot easier. It can mean your finances are a lot easier to decipher post-divorce and can create a mutual savings pot, that you can then both split, or use to pay off any repayments or debts you might have.
It’s often thought that it’s better to wait until you divorce to split the property, but this is not always the case. In fact, there can be definite advantages to splitting the house before you start the divorce process.
The fastest option here, to get it off the table if you want to move forward with the divorce — and indeed your lives — in a hurry, is selling your home for cash, which is an increasingly popular option.
What should I do first when selling my house in a divorce?
The most vital thing here is that you both need to agree how you’re going to split the proceeds of the sale. If you’re unable to agree on this, it will be a much longer process and the court will make the decision on your behalf.
No matter what you may have been told, it is point blank not possible for one of you to sell the house without the consent of the other, no matter the circumstances. This includes if the other partner’s sole claim to the property is their name being on the mortgage or the deeds to the house. The fact is that your ex-partner has rights.
Even if you are both in complete agreement as to the division of assets, you need to appoint a solicitor to draw up a legal agreement for you both to sign. Only then will it stand up in the eyes of the law — but this will make the sale of the house a whole lot easier.
It is worth noting here that your ex-spouse can object to the house sale, even if their name isn’t on anything, including the deeds or the mortgage. You can only finalise the sale if you both agree what to do about it, and sign a legally binding document that attests to that.
Why might I not be able to sell my house during a divorce?
The biggest factor here is one we’ve already covered, but it bears repeating — if you can’t agree between you whether to sell the house, and what the terms will be, you need to go to court to resolve the matter.
A judge can rule that the house can be sold without the agreement of both partners, but you cannot do this without their input.
This might be to help you achieve a fair financial settlement, which could be the case if one of you needs the proceeds to help them pay for support or housing. If children are involved, and selling is in their best interests, or their current home isn’t affordable, the sale can also be court-ordered.
On the other side of the coin, there is something referred to as a ‘Mesher Order’. This is issued by the court, is legally binding, and delays the sale of the house until a certain point — i.e. the child finishes school or reaches a certain age.
The UK legal system prioritises children’s wellbeing, and a Mesher Order makes sure that children have as much stability as possible, by staying in the family home.
If one of you doesn’t have the funds to buy the other out of the property, a Mesher Order can also be issued to delay the sale. If this happens, it is usually given a specific timeframe and endpoint, after which the property can be sold.
Another noteworthy point here: a Mesher Order can be dropped immediately if you can both come to a mutual (legally signed) agreement that it doesn’t apply or need to happen.
What choices do I have when selling property after divorce?
The traditional route – estate agents
There are viewings, negotiations and possible delays – not to mention property chains, and a whole host of reasons why your house sale may fall through, even at the very last minute. These are often completely out of your control and are just the nature of the game. You might end up with a higher sale price, but bills and mortgage repayments in the meantime can eat away at this advantage considerably.
Auctioning your property
Use a company that will buy your house fast for cash
There are no viewings, no waiting around, no chains and no danger of it falling though. It’s quick and it’s a dead cert. We buy any home.
Conclusion
Selling your home in the midst, before, or after a divorce is never easy — but understanding your options and knowing how the process works can make the whole thing a lot easier and really focus your mind on what you need to do and in what order.
The key points to bear in mind are:
- You must agree how to split the proceeds of the sale
- If you don’t, the court will have to step in and do it for you
- There are three main different ways to sell your house — so decide what the best option is for you and your unique situation
On that last point, a traditional estate agent might mean you end up with more money in your bank, but it can take an extremely long time – months and sometimes even years. Auctioning your property can be fast and exciting, but you are in danger of selling yourself — and your property — short, as the process can be extremely unpredictable.
A fast, cash house buyer service like Sell House Fast is quick and simple, and you can have a cash offer within minutes. No fuss, no uncertainty, just a guaranteed sale.
We know that every divorce is unique, so no matter what your situation or circumstances, we offer a fast, reliable alternative.
We’re the fast, fair, flexible cash house buyer that can help you move forward at this sensitive time in your life. Turn what can be a tricky process into an opportunity for a fresh start. Talk to us about selling your house for cash today — we’re very happy to help.
