Selling a house without the consent of husband or wife

You might want to sell your house or flat without the consent of your husband of wife, but this usually isn’t possible.

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Your questions answered when selling without the consent of a partner

✅ Does the lack of a partner's consent automatically make the sale of a home impossible?

Not always. In difficult divorces and other separations, one partner might not want to sell the shared home but the other partner may want to sell. If that’s the case then you will have to first resolve whether you jointly own the home, in which case consent might be required prior to a sale. If one partner owns the home solely, they could sell without seeking consent.

✅ How does joint ownership of a home differ from sole ownership?

Joint ownership means that both partners have an equal stake in ownership of the house or flat, and that it is all but certain they must both consent before the home can be listed for sale. Sole ownership means that one of the partners is the only legally designated owner of a home, in which case they can try to sell or rent the home without getting their partner’s consent.

✅ Does every method of selling a property require the homeowner to pay fees?

No, it depends entirely on which option you choose for trying to find a buyer for your home. Quick buyers like LDN Properties will never charge you any fees, which means you can retain the full proceeds from selling your home. Estate agents and auctioneers, by contrast, will charge you potentially significant commission that will reduce your net profit from the sale.

✅ How long will it take to sell a home during a divorce or other separation?

If you try to find a buyer through an estate agent you could be waiting for many months or even more than a year before your home sells. Auctioneers can be quicker but might also take possibly a few months for the entire process to complete. But LDN Properties can generally finalise the purchase of each home in a handful of weeks, including exchanging contracts.

✅ Can one partner force the sale of a house if there is joint ownership?

In this situation, one partner cannot technically force the sale of a home, but there could still be options for selling it. For example, the partner who wants to sell could offer to buy the other partner’s share of the home. Or the couple could attempt to reach an agreement on selling. Otherwise, you might have to resort to litigation to try and force a sale in this situation.

✅ What are my legal options if I want to force the sale of a jointly owned home?

If you have joint ownership of a home but your partner refuses to sell, you could pursue litigation in an attempt to force a court order mandating the sale of the property. But this can be a very expensive and lengthy process, so even if you eventually win an order to force the sale of your house or flat, you might still lose money in the end because of the costs of filing litigation.

✅ What are "home rights" and how might they complicate selling my house?

A partner who is not a joint owner of a house can still register what are known as "home rights" with the UK government, which is an attempt to get a declaration that the partner has a right to continue living in the property for a certain amount of time – such as until a divorce is finalised. Although this can potentially slow down the sale of your home, it cannot ultimately prevent it.

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