Divorce house sale

Divorce and separation take an undeniable toll on our emotions. Whilst dealing with the emotional repercussions we often forget the complex financial and legal issues that also follow. For many couples and families, the largest asset involved in a divorce is the family home and there is no cut and dry outcome as to how property is handled.

What happens to the house during a divorce?

What happens to your home is completely up to you and your partner. In a perfect world the two of you will make a decision, with the help of a solicitor, that you both agree with. This could be one of you remaining in the home, one party buying the other out or selling up. However, divorces are difficult times and tensions can reach a head easily, resulting in a lack of communication about how to tackle assets. In this situation legal professionals will step in to make sure the settlement is fair. If you have children under the age of 18 their welfare is and will be paramount in any legal proceedings.

Can my ex-partner sell our house?

Exes can try to force you out of the home, but they cannot legally. Until a divorce is finalised you both legally have the right to remain there. Even once a divorce has been granted, you are still not obligated to sell.

If an individual has left the home and there are children under the age of 18 living there, most legal bodies will grant the remaining parent the right to live there. However, regardless of circumstances, exes will be considered and sometimes (particularly if there are no children involved) selling up is the fairer option so that you can both benefit from the capital.

What happens to a joint mortgage when you divorce?

Having an outstanding joint mortgage following a divorce or separation can be difficult. During a divorce the mortgage still needs to be paid, regardless of who is or isn’t living in the property as you are both liable for the debt. Not paying your mortgage can damage the credit history of both individuals and result in repossession if the case were to go to court.

If you are divorcing, let your mortgage lender know. Even if you don’t think you will struggle with repayments, they will be more sympathetic if you were honest from day one. Many lenders will arrange a mortgage payment or holiday or give you some breathing space whilst you tackle the situation.

Although it may seem very black and white, most couples have the following options with a joint mortgage property during a divorce:

During a divorce you have the following options if you have a joint mortgage:

  • Sell up and move
  • Keep the property and pay your mortgage

Selling a house after divorce

Sometimes selling the marital home is the result of a separation or divorce. This can be a mutual agreement or an act decided by the courts. Before putting your home on the market, you should consider:

  • How much your house is worth?
  • What method of selling would be best for you?
  • Do you have somewhere to live?

If you would like a quick and simple house sale there is an alternative to the traditional open market route. Get in touch with us today to discover how we can make selling your home, during or after a divorce, as stress-free and seamless as possible, in as little as seven days.

We will even allow you to live in the property rent-free for a period of time, after the purchase has been completed, to give you more time to work out onward plans.

If you want an easy and efficient divorce house sale solution, simply fill in our enquiry form below and we’ll be in touch before you know it.

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Customer Reviews

/Absolutely Amazing! These guys have been brilliant from start to finish, made our transition to our dream home possible. After we had potential buyers retract their offer on our house for sale several times We Buy Any Home were able to make our dream come true and we were able to secure our perfect house knowing we had a secure offer for our previous property. Cannot recommend them enough.

SJ Hannant

Brilliant service. I needed to sell my dads house to pay for care home fees and this company was brilliant from start to finish. No hassle and completion was really quick. I would thoroughly recommend them and have already told friends who need to sell quickly about my experience.

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I shopped around a lot before finally settling on We Buy Any Home. I felt most comfortable with them after speaking to multiple cash-buying companies. You hear horror stories about similar companies but I can confirm that this company really was fantastic. I knew I was ready to take a slight loss on the property, in exchange for a quick sale and no hassle. They offered a great, hassle free service and I have no regrets in my decision to choose this company over others.

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Property & Divorce FAQS

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 WeBuyAnyHome 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.

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