How to Sell a House After a Breakup
Estimated reading time 6 minutes
Separating from your partner can be a stressful and emotional time. Factoring in what to do with your shared home can make the situation even more complicated, bringing more logistical challenges and emotional burden.
However, with careful planning and communication, it’s possible to navigate this difficult period smoothly, whilst ensuring everyone’s rights are protected. In this guide, we explore your options for selling a house after a breakup, including the differences between selling after a divorce and selling when you have children together.
How to sell the home after a divorce
If you’re married, typically all your assets will be split evenly, including your home. However, you will have a choice when it comes to how you can split the property.
You could sell the home and split the proceeds evenly between the two of you. This is often the simpler option as it allows both partners to get a fresh start.
A downside to doing this is that you’ll both need to agree on the offer you get from a buyer and selling property can sometimes be a long process. There may also be fees involved if you have a mortgage and will be paying it off early.
Bettermove can help if you want to sell your house fast. We can complete your house sale in as little as 30 days if required, helping you and your partner get a quick, clean break with a fully managed, hassle-free service. Contact us to see how we can help you.
Other options for your property after a divorce
If you don’t want to sell the house, one of the partners can buy the other one out. This means someone can continue to live in the property and is often a popular choice for couples who have children as it means they can stay in their family home.
However, for some people it’s just not affordable to buy the other person’s share of the property, and transferring a mortgage to one person can be complicated.
It may be possible to use another asset in place of the property, for example, one person gets the house whilst another gets to keep the pension fund.
Alternatively, you could come to an arrangement where one person stays in the home but both still continue to contribute to the mortgage. This is another popular choice for those who have children. You can apply for a “mesher order” where the partner who moves out keeps their interest in the property until it can be sold later on, usually once the children have turned 18. They will then take a share of the sale.
How to sell the home when you’re not married
If you’ve been co-habitating but aren’t married, how you sell the home will depend on the type of ownership you have:
Joint tenancy
If both partners names are on the title deeds and you have a joint mortgage, you will have joint tenancy. This means you both have equal rights to the property and will both have to agree on how you sell the home. If you bought the property as joint tenants, it doesn’t matter if one person put more money into the deposit or mortgage, you will both have equal rights.
You may choose to sell the home and then split the costs evenly between you both. Alternatively, one partner may choose to buy the other partner out and continue to live in the home and take on the mortgage themselves.
Tenants in common
Being tenants in common means both partners hold a share of the property. This can be equal or, more often, one share is bigger than the other, i.e. one person owns 70% and the other owns 30%.
When it comes to selling the home, how much each person gets will usually depend on their percentage of ownership. If one partner chooses to buy the other partner out, they will only need to pay for the partner’s share.
If you bought the property as tenants in common, you do not need to consult each other before you sell or mortgage your share.
Sole ownership
Sole ownership is where one person owns the property outright, with just their name on the deeds. This means the owner will be able to decide what happens to the home without needing to consult the other partner.
You may have some rights if you have made a significant financial contribution to the deposit or mortgage, even if your name isn’t on the deeds or the mortgage. If this is the case, you should seek professional legal advice for your circumstances.
Selling the home when you’re not married and you have children
If you’re not married but you have children together, the law is slightly different.
The primary caregiver, i.e. the partner that looks after the children the most, may be able to continue to live in the property even if their name isn’t on the deeds. This will usually involve an order from the court. Often, whilst custody is being resolved, the court will grant a temporary allowance for the primary caregiver and the children to remain in the family home. This can then be extended as court proceeds continue.
Even if both partners decide to sell the family home, if one partner isn’t on the deed but will be primarily responsible for the children, they may be entitled to a share of the profits from the sale. Again, this is something that would need to be granted by the courts.
What to do when selling your home after a breakup
The first thing you should do when you know you will be selling your home after a breakup is to check the Land Registry to see if your name is on the title deeds, as this will impact the rest of the sales process.
If your name isn’t on the deeds and you’re married, you can apply for home rights. More information and the relevant form can be found on the Government website.
In all cases, it’s best to seek professional legal advice as soon as possible. They will be able to provide specific guidance relevant to your situation and ensure your rights are protected.
Looking for a quick house sale? Choose Bettermove
Bettermove offers a better way to sell your home. We know that going through a separation can be incredibly stressful, so we provide a completely hassle-free option to sell your property.
We can buy your house with a cash offer or find you a suitable buyer, streamlining the house selling process to suit your timescale. With Bettermove, you can sell your house for free, with no extra fees or hidden costs.
Get in touch today to see how we can help you.
