{"id":680,"date":"2022-07-15T10:49:41","date_gmt":"2022-07-15T10:49:41","guid":{"rendered":"https:\/\/springbokproperties.co.uk\/blog\/?p=680"},"modified":"2022-07-15T10:49:41","modified_gmt":"2022-07-15T10:49:41","slug":"sell-house-when-partner-refuses","status":"publish","type":"post","link":"https:\/\/www.springbokproperties.co.uk\/blog\/sell-house-when-partner-refuses","title":{"rendered":"How to Sell a House When One Partner Refuses\u00a0"},"content":{"rendered":"

When you\u2019re selling a property, you want it to be as straightforward as possible. But what if it isn\u2019t straightforward for you? What if your partner is refusing to allow the sale to go through? What can you do then?<\/span><\/p>\n

We\u2019re going to give you the answers you need for different scenarios. <\/span><\/p>\n

Let\u2019s get started with one important detail.\u00a0<\/span>\u00a0<\/span><\/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.<\/span>\u00a0<\/span><\/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.<\/span>\u00a0<\/span><\/p>\n

When you do 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).<\/span>\u00a0<\/span><\/p>\n

Now to the different scenarios\u2026\u00a0<\/span>\u00a0<\/span><\/p>\n

What Can I Do if My Partner is in Prison and Won\u2019t Agree to a Sale, but I Need to Sell?<\/span><\/b>\u00a0<\/span><\/h2>\n

If your\u202fimprisoned\u202fspouse<\/a> does not agree to the sale of your jointly owned house, you can make an\u202fapplication to a court for what is called \u2018an order for sale\u2019. When the order for sale\u202fhas 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.<\/span><\/p>\n

If at all possible, try to 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.<\/span><\/p>\n

What Can I Do when My Partner and I are Married but They Refuse to Sell? <\/span><\/b><\/h2>\n

This one can be difficult because you don\u2019t want to fall out, but you both want a different outcome. As we mentioned earlier, take a look at the title deeds of the property and check whether both names are on the deed or just one. If there\u2019s only one name on the title deeds, then that person has the right to stay in the property, but can\u2019t force a sale. Meanwhile, the \u2018non owner\u2019 (the person not listed on the title deeds) has the right to continue living at the property alongside any children, even if the property is sold.<\/span>\u00a0<\/span><\/p>\n

In order to get the \u2018non-owner\u2019 removed, you would need to obtain their\u202fconsent. If the \u2018non-owner\u2019 refuses to give consent and you feel they\u2019re being, it\u2019s time to get the court involved and have the right to consent removed from the \u2018non-owner. <\/span>\u00a0<\/span><\/p>\n

What Can I Do when My Partner and I are Divorcing? <\/span><\/b>\u00a0<\/span><\/h2>\n

Although you may not want to hear this, your ex-partner will still have some rights over the shared property, stopping you from forcing a sale, even if you\u2019re the sole owner of the property.<\/span>\u00a0<\/span><\/p>\n

They will be able to protect themselves with a matrimonial home rights notice, meaning you\u2019re not able to sell the property, nor increase the house repayments, without notifying them so that they have an opportunity to dispute any decision.<\/span>\u00a0<\/span>\u00a0<\/span><\/p>\n

If you and an ex-partner are unable to come to an agreement, you will likely need to involve a lawyer for extra help in reaching a solution. Whilst the courts will always be an option for you, try to solve the situation out of court; especially if children are going to be involved.<\/span>\u00a0<\/span><\/p>\n

Whenever children are involved in a divorce, the courts will always take into consideration their welfare and needs and treat this as the top priority. Generally, a court will try to keep younger children in the family home to reduce the disruption to their lives and daily routine (such as going to school).<\/span>\u00a0<\/span><\/p>\n

If this is put in place, the primary caregiver of the children will be more likely to be able to remain in the property.<\/span>\u00a0<\/span><\/p>\n

Sometimes an order will be introduced so that the house cannot be sold until certain conditions are met. The children will be able to remain in the property, until a certain event occurs, such as until the last child turning 18 or until all the children have finished their education.<\/span>\u00a0<\/span>\u00a0<\/span><\/p>\n

What Can I Do when My Partner and I are Joint Tenants, but They Refuse to Sell?<\/span><\/b>\u00a0<\/span><\/h2>\n

If you\u2019re joint tenants, you will all have equal rights to the property. In order to be able to force a sale, you will need to sever your joint tenancy and convert the status to \u2018tenants in common\u2019. To do that you\u2019ll need to buy out your partner.\u00a0<\/span>\u00a0<\/span><\/p>\n

Buying out your partner means you take over their share of the property and house repayments, making it entirely your responsibility to maintain and pay for the property.<\/span> \u00a0<\/span><\/p>\n

The partner who is being bought out will have their name removed from the title deeds when it is transferred to you. When your partner has been bought out, you can then sell the property. <\/span><\/p>\n

Alternatively, if you are tenants in common and need to force a sale, you might have to apply to the courts for an \u2018order of sale\u2019. The potential responses you can expect to receive are:<\/span>\u00a0<\/span><\/p>\n