If you own a property with your spouse or partner and you are looking to sell but the other member of the party doesn’t agree, then you’re probably wondering what rights you have and how you can sell.
There is no simple answer to this, as it’s a tricky subject and there are certain permissions that allow you to sell your home or not all dependant on your situation. Your home is usually your largest asset that a couple will of contributed to, after a divorce or separation you maybe eager to sell your property to move on with your life. However, your husband or wife may not feel the same way. So the question you’re probably asking right now is can I sell or not?
If you’re married or in a civil partnership, there are certain circumstances where you can force a house sale without consent of your other half, as long as you are not joint owners. If only one of you is named on the official copies or title deeds for the property then that person is the sole owner of the property and if this is you, then you can sell the property, rent it out or re-mortgage. Basically it means you can do anything you want with the property as it is legally classed as your own and you don’t need your spouse’s permission.
There is a big difference between being named on the house repayments and being named on the title deeds, you may not have realised this. When we say joint ownership we mean that both of you are named on the title deeds. Being named on the house repayments means you have a responsibility for making payments, but does not automatically make you a joint owner. You should be aware of the difference and where you stand before rushing into any attempt to sell, your spouse can be on the house repayments but not the title deeds which would still mean you could sell the property without the other’s permission.
If you want to sell your property because your spouse isn’t a joint owner of the property, then there is still something they can do to try and block you from selling the property. Your spouse can apply for home rights in order to gain permission to stay within the property, which will postpone your ability to sell for a period of time. If they apply for this then the Land Registry will be in touch to let you know they have applied for this and provide you with a bit more insight into what it may mean. If this happens you will need to seek legal advice to try and redeem the right to sell your property.
If your spouse has contributed towards the house repayments, any home improvements or building work to the property then they can apply for an occupation order to remain living at the property. If this is granted it will mean that you can’t legally sell the property. In order to do this they will have to go through a solicitor and it could go to court, this can end up being an expensive for both sides. The court will recognise that they have an established interest in the property and therefore be entitled to a share in its value when it’s sold. Each case varies as everyone’s circumstance differ and it is decided on how much they have contributed and the share is decided from this. Legal advice is always recommended if it get to this stage.
In short, if you have joint ownership of a property then you cannot sell without your spouse’s permission, and there’s no work around for this. You do have a few options though:
It is advised that you should settle this outside of court if possible, as it can be expensive and the outcome maybe out of your hands and you both may not get what you had hoped for.
If you’re looking to resolve a messy and stressful situation quickly we can help. If you’ve come to an agreement where you’re wanting to sell your property and looking to do so quickly for a cash sum. The get in touch we can have the sale completed in as little a 7 days. Please note that we will only be able to buy your property if you either have the consent of your partner or they are not considered to be a joint owner. If this is the case then get in touch for an no obligation quote which we can provide within as little as 24 hours.
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