Divorces are a magnet of financial and legal issues. And if there wasn’t enough paperwork, selling the family home adds more cause for concern. For many, trying to get through the process can seem incredibly overwhelming. It’s completely understandable; selling a home in normal circumstances isn’t always easy. A lot of patience is required in waiting for a buyer who can make a reasonable offer. During a divorce, though, that’s the easy part. Before you can even consider selling the property, there are other steps to consider.
In this article, we’ll explore the process of selling your Wigan home during a divorce. We’ll aim to answer some of the common questions and issues that people have during the process,
Can I sell the house while in divorce process?
Now, one of the most common issues is understanding when a house can be sold during the divorce process.
Quite simply, you must have permission before you can begin selling your property. The only way to get permission is by getting both spouses to agree to the sale of the house. If both parties agree, you can proceed with the sale.
However, if there is a dispute over the sale of the house, you may need to seek a court order to sell the property. In this scenario, you will be applying for a Property Adjustment Order. Here, the court determines whether the property should be sold immediately, at a later stage or indefinitely. This will all depend on your personal situation. However, the court will either issue a Mesher Order for a delayed sale or a Martin Order, which will rule out the sale indefinitely.
Can my partner refuse to sell the house in a divorce?
A partner can refuse to sell a house during a divorce. However, this is often only a temporary measure that can delay the house sale. If one party is adamant against selling and mediation cannot solve the issue, then ultimately, it will have to go to court. This is because a consent order must be sought before it can be sold. This requires both partners to sign. If this can’t be achieved amicably, then a court will make the decision.
Many who find themselves in this position may argue that they were solely responsible for home repayments or hold title deeds. However, this may not stand up in court. A partner who has contributed to some mortgage repayments or made home improvements can apply for an occupation order.
Additionally, there may be unresolved financial disputes in other aspects of the divorce that may need to include the property value to settle. Ultimately, you will need to seek legal advice from your divorce solicitor to determine the best course of action.
Can my partner sell our house without my consent?
Selling a property during divorce usually requires consent from both parties. However, this can be affected by personal situations and legal issues. If you stake a claim for the property in some form, then your partner would need to follow legal guidelines before being able to sell. Ultimately, a court would have to decide if you disagree with the sale.
On the legal compliance side of things, you should consider what your rights are. This may include one or more of the following:
Ownership Arrangement
If both you and your partner are joint owners of the property, it typically means you both have an equal share in the property, and neither can sell it without the other’s consent. This is known as “joint tenancy.”
Marital Status
If you are married or in a civil partnership, your spouse or civil partner may need your consent to sell the house, even if you’re joint tenants.
Mortgage Agreement
If you have a joint mortgage on the property, the lender will typically require both spouses’ consent to sell the house, as both are equally responsible for repaying the mortgage debt.
Trust Deed or Cohabitation Agreement
If you and your partner have a trust deed or cohabitation agreement in place that specifies how the property should be handled in case of a dispute or separation, it will be legally binding and may dictate whether the property can be sold without consent.
Can I force my partner to sell our jointly owned house?
If the property is jointly owned, then both partners have to agree to sell. Legally, that has been made quite clear, and there are no loopholes to this.
However, you can offer options through mediation to encourage your partner to sell. To do this, you need to think about what your goals are. If you would like to keep the property and remain living there, then you can offer to buy your partner’s share from them.
On the other hand, if you’d just like to sell at whatever cost, you can offer them a deal which will result in a sale and a higher percentage split for them. If all else fails, your final option will be to settle the matter in court. It would be wise to consult a divorce solicitor to understand what your chances of success are with going to court.
Selling a property during a divorce can be a difficult process that requires jumping through multiple hoops. However, when you do get to the stage of being able to sell, the last thing you need is to waste any more time. Unfortunately, selling on the open market may result in waiting many months for a buyer to emerge. If you seem desperate for a quick sale, buyers will often use this to their advantage to negotiate as much as possible.
However, there’s an easier way to achieve a quick and easy sale of your Wigan home during a divorce. Here at We Buy Any Home, we can act as cash house buyers to get your house sold fast. We can purchase your property in as little as seven days. We won’t waste any of your time either; we can provide you with a free cash offer in as little as 24 hours. Get in touch to find out more.
