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Need help selling your house after a divorce?

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Making a complex situation simpler – sell your house after divorce fast

In an ideal world, two divorcing partners will agree about what happens to their marital property post-divorce amicably. Unfortunately, we don’t live in a perfect world. For every couple that has an amicable separation, there are ten that don’t. This can lead to a huge amount of tension, and lead to a divorce dragging out for far longer than it should do.

We can offer answers to some of the more common questions that divorcing couples often have about selling a home in a divorce. This includes information about whether a home can be sold during divorce proceedings, how to sell a house after divorce, when a home sale can be forced, and much more.

For a streamlined and hassle-free way to sell your house, especially during or after a divorce, consider our unique approach that differs from the usual market methods. Connect with us today, and we’ll guide you through a swift and smooth selling process that can be completed in just a week. Plus, we offer the added convenience of allowing you to stay in the property rent-free for a while after the sale, providing you with extra time to plan your next steps.

Contact us to get a free cash offer and we can get the ball rolling.  

Who gets the house in a divorce?

While we can give general guidance, who gets the home is often left in the hands of the divorcing couples or, if they can’t agree, in the hands of a judge.

The person who legally owns the property will only slightly enter the equation here. For example – if a husband owns a property, and the wife’s name doesn’t appear on the title at all, it doesn’t necessarily mean that the husband has complete rights to sell the property. In the eyes of the law, the wife will have some interest in that property (by way of living in the home). It is up to the judge to decide what value of the house should be attributed to her.

Let’s explain.

How is a house divided in a divorce?

Unless the divorcing couple agrees, it is not as easy as simply dividing the property right down the middle.

If the divorce isn’t amicable, solicitors may try to mediate an outcome between both parties. They’ll try and give their opinion as to who should have what of the property.

As you can imagine, both solicitors will be fighting for their clients, but in most cases, they should be able to mediate a fair outcome. If that doesn’t happen, then the process becomes much more complicated.
If the divorcing parties can’t agree on who gets what of the property, the case will head to court. Here, the expert judge will analyse the situation and produce a ‘financial remedy order’, a final ruling about who owns what percentage of the property.
As we said – most people incorrectly assume that a marital property will be a 50/50 split or go to the person whose name is on the mortgage. However, things don’t work out like that. In the eyes of the law, multiple people can have an interest in the home, even if their name isn’t on the deed.

What factors impact how a house is split during a divorce?

When judges consider how the marital home should be split, they’ll be thinking about:

  • How long the couple have been married?
  • Whether there are any children involved.
  • Whose name is on the deeds or mortgage agreement?
  • Who has been contributing to the mortgage?
  • The age of the spouses
Bearing this in mind, the judge will then make an official ruling on the ownership share of the property, plus what should be done with that property. For example:
  • The judge could force a sale.
  • The judge could suggest one person stays in the home, paying a lump sum of cash to the other party.
  The whole process to receive a ‘financial remedy order’ takes about a year, hence why it is so important that the parties come to some sort of agreement before this.

Who Gets the House in a Divorce with Children?

The law stipulates that children should always be the priority in the case of a divorce. A child’s life is affected enough when their parents split up; no court wants to force the children to move schools or home unless 100% necessary.

In most cases, if a couple divorces, the primary caregiver for the child (i.e., the person who has custody most of the time) can remain on the property with the children. This can continue until the last child has reached 18. A house sale could be forced at that point, although that isn’t always guaranteed.

If children are involved in the marriage, this will almost always be the court’s decision when a ‘financial remedy order’ is issued.
This doesn’t mean that the person still in the house has complete control over the house.
The non-present party will still have a stake in it. If the non-present party is listed on the mortgage agreement, they must continue making their mortgage contributions. If the property is sold, it will require permission from both parties in the divorce.
This is why it is highly recommended that properties be sold in the case of a divorce. It gives everybody a clean state. It gives everybody their own home and requires less contact between the divorcing parties.

What is a Mesher Order?

When divorce and selling a house is not in the best interests of one of the parties right away, the courts can grant something known as a Mesher Order.
A Mesher Order requires the sale of the property (or any other asset) to be postponed until a later date. This type of order is often granted when there are children still living in the property, but a whole host of other situations can lead to the granting of a Mesher Order.
For example, if one spouse doesn’t have the funds to buy out ownership of the property, then a Mesher Order can be granted. A Mesher Order may also be granted in limited cases when market conditions are unfavourable. 
Mesher Orders are almost always fixed in time. This means the Mesher Order will eventually expire, and the house sale can proceed. In other cases, a ‘trigger’ event may occur before the Mesher Order expires. For example, the Mesher Order will expire when children in the home turn 18, or a parent has enough funds to buy out their stake in the property.
You should also note that the Mesher Order can immediately be dropped if two parties agree. The only reason it is in place is to prevent the sale of a property if one party is not in agreement. 

When can I sell my house during a divorce?

If you sell your home after a divorce, you must agree with your ex-spouse on the split of finances after the sale. The case must go to court if you cannot agree on the financial split.
One person cannot unilaterally decide to sell the marital home, even if they are the only name on the deed or the mortgage agreement. The ex-spouse still has some rights to that property, although the extent of their rights will depend on several factors.
If both parties have reached an agreement about how the assets will be split after the house sale, a legal agreement should be drawn up with the assistance of a solicitor. Both parties must sign this agreement. After that, selling the house after a divorce should be smooth.

Common Concerns About Scenarios for Selling a House After Divorce

Sometimes, it is much easier to sell a house before a divorce (for example, before all the paperwork has been finalized). It makes it easier to divide the assets from the sale of the house.

However, once again, one person cannot decide to sell a home without permission from the other spouse. Both parties need to agree before a house can be put on the market. If there is no agreement, a judge can provide a resolution.

If both parties are in agreement about how the assets will be split after the sale, then selling the property before a divorce is easy. It is no different from selling a home at any other time.

Once again – both parties must be in agreement if the house is to be sold during a divorce. They must then have an agreement in place about how the house sale funds will be split. Selling a house during a divorce is no more complex than selling a home outside of a divorce. However, bear in mind that a house cannot be sold during a divorce unless both parties agree to it, even if only one name is on the mortgage or the property title.
It does not matter whose name is on the property deed; both people have the right to stay in the house during a separation. Since it is a marital property, both have the right to stay in that property until it has been sold (or until it is decided otherwise). Nobody can force you from your home. If you have left the house, you can return whenever you wish, assuming no judicial order prevents you from doing so.  In practice, one person will need to leave the home. Two people can rarely live together amicably while going through a divorce. It is up to the two parties to come to some agreement here, which is where solicitors can help. If the divorce is the result of domestic abuse, this can change. Make sure to speak to your lawyers for the best advice on this.

Whoever has their name on the mortgage agreement is responsible for paying it during a divorce. If both parties have their name on the mortgage agreement, both parties must continue to pay their mortgage. This applies even if one person has since moved out of the home. Just because they have moved out doesn’t mean they no longer have any obligation to pay the mortgage.

It is worth noting that the banks know that some people often have issues paying their mortgage when it comes to divorce and selling a house. As a result, some banks have contingencies where mortgage payments can be delayed, or sometimes reduced, for a few months. It is always worth calling and asking, although bear in mind that this is not a permanent solution. Eventually, regular payments will resume.

There are very few circumstances where you can force a house sale while going through a divorce.

The only times that a house sale can be forced are if the house has become unaffordable and there is a real risk of foreclosure or bankruptcy.

A judge must grant an order if a house sale needs to be forced. A person cannot decide on their own that the property is at risk of repossession. This can make applying for a forced house sale costly and often time-consuming. 

A solicitor can walk you through situations where a house sale can be forced.

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We operate across the United Kingdom including England, Scotland, and Wales. We can buy your house fast, whether you’re in the northernmost parts of Scotland or enjoying life on the beaches on the south coast.

Tips for Selling Your House After Divorce

You must retain the services of a solicitor if selling your home after a divorce. They will help to protect your rights.

Do not rely on the advice given by your ex-partner’s solicitor; they do not have your best interests at heart.

Both parties should try to clear out the property as soon as possible after the divorce. It’ll make the process so much faster. It also means that the divorcees are less likely to meet one another.

Clearing out the property also shows that the property is ready to be moved into quickly. This could lead to a quicker house sale.

While it can be difficult, you and your ex-partner must talk about finances. Talk about the following:
1. How mortgage payments will continue until the home is sold.
2. How the income from the house sale will be split.

If you cannot speak to your partner directly, then run everything through the solicitors. It is their job to ensure that discussions are productive, even when the split is less than amicable.

We know that going through a divorce, even the most amicable, can be difficult. Selling a house is hard enough already. You don’t want to add a divorce into the mix. However, rest assured, there is light at the end of the tunnel. When your home is sold, you’ll have some funds. Look forward to that fresh start!

How it works

We Buy Any Home offers a transparent, thorough process, guiding you meticulously throughout. Here’s how it works…
  • Step 1

Fill in the online form

Call us on 0800 774 0004 or fill in your details online through our Valuation Form.
  • Step 2

Receive offer

Once we’ve received the details of your property, we will make you an offer within 24 hours.
  • Step 3

Sale agreed

The sale will be agreed! Sit back, relax, and let us take care of all the work.

Frequently asked questions when selling your house after a divorce

Call our team of experts:

0800 774 0004

When it comes to your rights during a divorce contact legal representation to give you advice and guide you through the proceedings.

Call us today on 0800 774 0004 to get free and helpful advice regarding selling your home following a divorce.

Yes. To help during this difficult time, we are happy to offer a grace period in which you can continue to live in the property rent free for a period of time, once the property has been purchased by us.

On a longer term basis, we typically will look to sell on any property we purchase. However, in some cases we will rent the property out – depending on what the rental market is like in the area. If you would like to remain in the property We Buy Any Home purchase from you as a tenant, make sure to discuss this with your dedicated agent during your initial phone call. They will then assess whether this is possible and if so will work to make it happen for you.

Whilst it is often assumed that all assets are divided equally during a divorce this isn’t always the case. A number of different factors will be taken into consideration, including the welfare of any children aged 18 or under.

The final decision will either be made between yourself and the other party involved or decided by the courts. The welfare of any dependent children is paramount in divorce proceedings so housing decisions will be made based upon their needs.

Yes. A wife can refuse to sell the house after a divorce, even if her name is not on the deed or the mortgage agreement. An agreement between the two parties will need to be reached before the house sale can proceed. If an agreement cannot be reached, a judicial order must be sought to finalise selling your home after divorce judge.

There are no advantages to divorcing before selling the house. The process is much the same – the two parties must have some sort of agreement about how the house sale funds will be split. A person doesn’t lose their rights to the home, and any rights to the home will be clearly outlined in the divorce agreement.

In most cases, no. A person cannot be forced to sell their home during the divorce process.

As long as you do not have a judicial order against you, you do not lose any rights when leaving your marital home during a divorce. Until the divorce is finalised, or some other agreement has been reached, you can continue to access the marital home, and you’ll even have the rights to some of the proceeds from the sale of the property.

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