{"id":520,"date":"2022-01-24T22:12:18","date_gmt":"2022-01-24T22:12:18","guid":{"rendered":"https:\/\/springbokproperties.co.uk\/blog\/?p=520"},"modified":"2025-12-08T12:04:25","modified_gmt":"2025-12-08T12:04:25","slug":"can-i-sell-house-husband-wife-jail","status":"publish","type":"post","link":"https:\/\/www.springbokproperties.co.uk\/blog\/can-i-sell-house-husband-wife-jail","title":{"rendered":"Can I sell my house if my husband or wife is in jail?"},"content":{"rendered":"

It\u2019s perhaps not a question you want to ask, but one that you need to ask. We\u2019re here with the facts to help you through what is likely to be a difficult and upsetting time. Because if your partner is in prison and for financial reasons you need to sell the family home, you need to know if being in prison affects a person\u2019s rights. Let\u2019s get started\u2026<\/p>\n

Does being in prison affect ownership of a property?<\/strong><\/h2>\n

A prison sentence does not change the legal ownership of property. This means that if your husband or wife is serving a prison sentence, they are still entitled to their share of the property.<\/p>\n

As a result, they will have to approve the sale and sign any necessary legal documents to enable the sale to progress. Your spouse\u2019s rights do not change because they are in prison. If they do give their agreement and sign the legal paperwork, you will be able to sell the house even if they are in prison.<\/p>\n

So, can inmates sign legal documents?<\/strong><\/h2>\n

Yes, an inmate can sign legal documents. You will need to keep in mind whether or not the signing of the document needs to be witnessed by an independent witness. If you are trying to have legal documents signed by a spouse who is in prison, it would be recommended that you find out about the prison facility\u2019s restrictions on such signing legal documents before arriving with a pile of papers.<\/p>\n

Of course, if your partner is in jail, they must agree to signing the documents. If the other legal owner of the property does not agree to the sale, it can make the situation stressful for you.<\/p>\n

What can I do if my partner is in prison and won\u2019t agree to a sale, but I need to sell?<\/strong><\/h2>\n

If your\u00a0imprisoned\u00a0spouse does not agree to the sale of your jointly owned house, you can make an\u00a0application to a court for what is called \u2018an order for sale\u2019. When the order for sale\u00a0has been granted by the court, you\u2019ll be able to push through the sale of the jointly owned property. You should be aware that the legal process required to obtain a court order for a forced house sale like this does take time and can cost you a lot of money.<\/p>\n

That\u2019s why, if at all possible you should try and settle it out of court. Not just because of the costs but because the outcome could well be out of your hands and it could be that neither of you achieve the outcome you\u2019d like.<\/p>\n

When you have joint ownership of a property and you do not have your spouse\u2019s permission to sell, all is not lost because you do have some options. For example, you could offer to buy their share of the property (although you will need to obtain an independent valuation to ensure a fair price is achieved).<\/p>\n

Something that can be easily overlooked is the importance to be certain that you are the only person named on the title deeds for the property. If you are, you can sell or rent out the property without having to have your spouse\u2019s permission because it\u2019s in your name only.<\/p>\n

There is a big difference between being named on the house repayment documents and being named on the title deeds. If you\u2019re named on house repayments it only means that you have a responsibility for making regular payments. It does not automatically mean that you\u2019re a joint owner.<\/p>\n

Do the proceeds from a house sale still go to my spouse if they are in prison?<\/strong><\/h2>\n

Upon the completion of a sale, the proceeds from a house sale that is in joint names on the deeds will be paid to the joint owners. This can be done as one payment into a joint bank account, or the\u00a0sum can be split into two payments. It will depend upon your specific circumstances whether or not your partner will be comfortable with the whole sum being paid into a joint bank account whilst they are in prison.<\/p>\n

In the event of a divorce, your imprisoned partner can have their share paid into a separate bank account because a bank account can still be opened by an individual, despite being in prison.<\/p>\n

Things will of course be considerably more complicated if it\u2019s believed that the property was purchased using proceeds of fraud or other illegal means.<\/p>\n

What about mortgages and other regular payments?<\/strong><\/h2>\n

If you have a mortgage, you will need to keep up payments to avoid the risk of repossession (see How many mortgage payments can be missed before repossession occurs in the UK?<\/p>\n

https:\/\/springbokproperties.co.uk\/blog\/many-mortgage-payments-can-missed-repossession-occurs-uk). In the event of you struggling to be able to make repayments on your mortgage, contact your mortgage company as soon as possible and explain your situation to them so that a solution can be found.<\/p>\n

If mortgage payments cannot be afforded, you may also be having trouble paying utility bills and other costs that are associated with your home (such as ground maintenance). In this situation, you can seek financial help. That\u2019s because if your partner is in prison, you could be eligible for benefits to help you financially. If you are already claiming benefits, some of these might change to reflect your new circumstances.<\/p>\n

When your partner is in prison, you will be treated as a single person or lone parent\u00a0so you may be entitled to one of the following benefits for the first time:<\/p>\n