Selling A House Before A Divorce Settlement in The UK

We buy your home for cash to take the stress out of selling your house before divorce.

What happens to the house in a divorce?

If you are getting divorced, dissolving a civil partnership, or separating, it can be an extremely stressful time. One of the most difficult decisions is what will happen to the family home.

What happens to your home will need to be decided by you and your ex-partner. We understand that during a divorce, reaching an agreement on the property can be difficult, with dependent children adding an extra layer of complexity. There are a variety of different outcomes that can occur. If you and your ex-partner cannot reach a solution, then solicitors can step in to make tackling assets easier and facilitate a fair settlement. The welfare of any children under 18 will be paramount in any agreements.

This guide will help you understand the different options available if you jointly own a home with a spouse or partner you are divorcing, or if you are wanting to sell your property before a divorce settlement in the UK.

Understanding joint mortgage separation rights

If you and your ex-partner have a joint mortgage, you both own a share of the property. This means you both have the right to remain in the property despite the divorce. You also both have an obligation to pay the mortgage, even if one of you decides to move out.

Understandably, living in a property with a person you are separating from isn’t feasible in the majority of circumstances. Things may become complicated if:

  • You both want to stay in the family home
  • One of you leaves and doesn’t pay their share of the mortgage
  • You want to stay in the family home but cannot afford the mortgage alone

Mediation, which you can discuss with your solicitor, can help iron out any issues that arise relating to the property. Going to court comes with extra financial pressure and will delay the divorce proceedings. Legally, you both have rights to the property, and sometimes it is best to let a legal professional deal with the negotiation process with your ex-partner for you.

Selling my house before divorce?

If you and your ex-partner agree that selling the property before your divorce settlement in the UK is the best solution, then this can take place before divorce proceedings. It is especially important that you have, in writing, the agreement that you have both come to regarding how the money from the house sale will be split. In an ideal world, these decisions can be decided without legal help and selling a house before divorce is fine.

You cannot sell the house if it is jointly owned. If you both have legal rights to the property (and you don’t need to be married for this to be the case) then you will need to reach a settlement with your ex-partner. Neither you nor your ex-partner can sell the family home if it is jointly owned.

Can my ex-partner force us into selling the house before the divorce?

If you and your ex-partner jointly own the family home, they cannot legally force you into selling the house before a divorce settlement. All your assets, including your home, are matrimonial assets and will be split based on the divorce settlement. 

The only way an ex-partner could force a sale is if they choose to buy you out. However, this is a course of action that you would have to agree upon, and you are within your rights to decline.

Even if you don’t jointly own the property, your ex-partner cannot force the selling of the property before the divorce settlement in the UK. Even if the home is in their name, and you don’t pay the mortgage, you still have rights. Home rights mean that neither spouse can be forced to leave the matrimonial home unless there is a domestic violence case or court order.

Can I keep my house in a divorce?

If you and your ex-partner agree that you can stay in the family home, then you can avoid the courts and your solicitor will finalise the agreement. Your ex-partner may want you to buy them out and, if you have the cash available, this is a solution. However, if this is not feasible, the case will likely need to be dealt with in court.

A judge will typically allow you to remain in the family home if you have children under 18. Which partner remains will depend on the court ruling if a decision cannot be made between you both. Alternatively, the court may decide that the best course of action is selling the house before the divorce proceedings are finalised, and split the money between you and your ex-partner.

Selling a house after divorce with SmoothSale

If you and your ex-partner have agreed to sell the family home, or if it was determined by the courts, you will need to consider:

  • How much is the property worth?
  • Do you need to sell within a specific timeframe?
  • What are your post-sale plans?

In the UK, it can take over 10 viewings for a property to sell and over 16 weeks to complete, on average. Whilst divorce proceedings have likely taken up much of your precious time, and you are keen to avoid any further stress, there is a simple way to sell the family home.

As a cash house buying company, SmoothSale can help you achieve a fast house sale by buying your property directly from you. We understand how upsetting and draining a divorce is, which is why our in-house experts want to provide you with an easy and completely free sale. We have the funds available to buy your home now, meaning you get a chain-free sale, and we will cover your legal fees too.

Not only that, but we can buy your home in a timeframe that suits you, and it all starts with a cash offer from us. Alternatively, call us on 0800 368 8952 to talk to one of our property experts about your current circumstances, and we will be able to help.

Selling a house before a divorce quickly with SmoothSale

Selling a property before a divorce quickly doesn’t have to be complicated. Here at SmoothSale, we aim to make the process of selling easy by following this simple process:

  • Step 1: Contact us
  • Step 2: Match with one of our experts
  • Step 3: Get your cash offer
  • Step 4: Sell your house for free with ease 
  • Step 5: Complete your sale

What’s included when selling a house before a divorce with SmoothSale?

At SmoothSale, we offer many benefits to our customers selling a house before a divorce through our services. Here is what we have to offer:

  • A free home valuation and cash offer upon contacting us.
  • A dedicated expert who will be available throughout the process, whenever you need them.
  • We aim to complete your sale as quickly as possible.
  • Legal fees are covered by us, allowing you to sell the property fast.

Why Choose SmoothSale?

Discover the advantages of selling your property with SmoothSale.

Sell Quickly For Free

We are recognise that you will have your own requirements when selling a property before a divorce settlement in the UK, and we are happy to meet them to ensure you can sell quickly, buying your property directly from you ourselves when an even faster service is required.

At Your Convenience

We aim to take the hassle out of the selling process. We offer you the ability to sell quickly, meaning that you avoid the hassle of a traditional sale, which can often make the process even longer.

We’re Home Selling Experts

Your dedicated SmoothSale agent will keep you informed as your sale progresses, and they will be available to answer any questions at any point in the process.

Sell Your Home Without Fees

Sell your flat fast with SmoothSale. We don’t charge you commission and there are no hidden costs, we’ll cover your legal fees too.

Find out how it works

Frequently Asked Questions About Selling A Property before a divorce settlement in the UK

If you want to find out more about selling a house before a divorce without paying a penny, we have answered some common questions below.

However, don’t forget we are always available on 0800 368 8952 or via info@smoothsale.co.uk should you want more information from our expert team.

What happens if my spouse sells the house before divorce?

If your spouse has been through the process of selling the house before your divorce is finalized, there are numerous things you can do. You can apply for an injunction with your solicitor, who can apply for a section 37 order to prevent the sale of assets or freeze money in bank accounts. This is likely to prevent the sale from going through.

Alternatively, your solicitor can register your rights to the property with the land registry to prevent your spouse from selling the house before the divorce.

If the sale has already been completed, you could ask the court to reward you more in the settlement in light of this.

It’s not a set rule that an ex-partner is entitled to half of your house in a divorce. The division of assets in a divorce is based on the circumstances of the breakdown of the marriage and the financial needs of each person. The court’s aim will always be to divide assets fairly and equally, but this doesn’t always mean an equal split.

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