Sell your house fast after divorce
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Selling your house after a divorce – what you need to know
It’s not a happy statistic, but around 40% of all UK marriages and civil partnerships end in divorce or separation. In many cases there will be mutually-owned property involved. What happens to this property after a couple split up? Who gets what and how and when can you sell the house? See below for the important facts you need to know.
Why sell your house after divorce
Selling your house after divorce offers a clean break and financial clarity, allowing for division of proceeds to support new independent living arrangements. It prevents ongoing disputes over property maintenance and future value changes, especially crucial if neither party can afford to maintain or buy out the property. Additionally, selling can settle outstanding debts and provide funds for child-related expenses, ensuring post-divorce financial stability.
However, selling through traditional methods can take 6 months or more, causing financial strain as each partner waits for their share to move forward. Even in contentious divorces requiring court intervention, finalising legal settlements and selling the property can extend the process to over a year.
Who gets the house after a divorce?
After a divorce or legal separation, real estate division in the UK is based on fairness rather than an equal 50/50 split. The court considers factors like the duration of the marriage or partnership, financial and non-financial contributions, and the needs of any children. Future housing needs and earning capacities of both parties are also assessed.
The court may decide to sell the house and divide the proceeds, allow one partner to buy out the other, or transfer ownership while compensating with other assets. Prenuptial or postnuptial agreements can influence outcomes, and mediation or negotiation is encouraged to settle outside of court, formalised into a legally binding consent order.
What is a Mesher Order?
A Mesher Order is a legal determination that is used in a divorce proceeding when selling the family home is not in the best interests of one of the divorcing parties. Mesher Orders will delay the property sale until a certain event has occurred and they always have a fixed expiry point – for example, when all the children in the home have reached the age of 18, or when one spouse can afford to buy out the other spouse’s share of the property.
What’s the fastest way to sell a house after divorce?
With Zapperty you can sell your house after divorce in just one week instead of taking up to 6 months with high street estate agents, auction houses or DIY online property boards.
Step 1
Complete the enquiry form.
Step 2
Receive your cash offer.
Step 3
Sell your house fast.
What happens if you can’t agree on selling the house in a divorce?
In situations where divorcing or separating spouses cannot reach an amicable settlement regarding their marital home, it will be left to the courts to decide what happens to the property. A judge will consider all the details to achieve a legally binding solution known as a financial remedy. This will include factors such as:
- How long the couple have been married or living together.
- Whether there are any children involved.
- Who is named on the deeds or mortgage agreement.
- Who has been paying the mortgage.
- The age of the spouses.
Ultimately, the judge will make an official ruling on the property. Common solutions include:
- Ordering a sale.
- One spouse stays in the home and pays a lump sum of cash to the other party.
- One spouse stays in the home and pays a monthly sum of cash to the other party.
What happens to property in a divorce where there are children?
In a divorce involving children under 18, both spouses typically have rights to the marital home regardless of who is named on the deeds or mortgage. The welfare of the children is prioritised by law, so the parent who remains the primary caregiver or has custody often stays in the house until the youngest child turns 18. This arrangement doesn’t guarantee a house sale afterward.
Even if a spouse leaves the home, they maintain ownership rights and responsibilities, including mortgage payments and upkeep costs. They retain their share of the home and will receive proceeds if it’s sold in the future, as determined by the court.
Can I sell our house before or during a divorce?
If the divorcing spouses can reach an amicable agreement regarding the property before finalising the divorce, the house can be sold in the usual manner, although it is usually best to sell the property quickly so that both parties can immediately move on with their lives.
During divorce proceedings it becomes more complicated to sell the family home and it will usually be suggested that a sale is delayed until all the legalities are completed. In any circumstance, and regardless of who is named on the property deeds or mortgage papers, no spouse can sell the property without the express agreement of the other partner. All sales have to be mutually agreed and accepted by both parties.
Sell your property quickly after divorce. Get your free cash offer in 60 minutes or less!
What is the average time to sell a house in the UK?
*Estate Agent Today – Feb 2024
Benefits of using Zapperty to sell a house after divorce
Divorce can be one of the most stressful experiences that anyone can go through, and few divorcing couples need more hassle and worry. At Zapperty we understand the complexities of selling property through divorce and we work with you to make the process as painless as possible.
| Compare selling your house via traditional methods or with Zapperty | ||||
|---|---|---|---|---|
| Estate agent | Auction | Online property board | Zapperty | |
| Average time to complete | 6 months | 3-4 months | 6 months | 7 days |
| Additional costs and fees | Yes | Yes | Maybe | No |
| Your input required | Yes | No | Yes | No |
| Repairs and refurbishments | Yes | Maybe | Yes | No |
| Property chain common | Yes | No | Yes | No |
| Totally private | No | No | No | Yes |
Frequently Asked Questions About Selling House After a divorce
In the UK, the division of a house during a divorce follows the principle of fairness, rather than a strict 50/50 split. The court considers various factors, such as the length of the marriage or partnership, the financial and non-financial contributions of each party, and the needs of any children involved when deciding who gets what.
Yes. Even if their name is not on the deeds or mortgage agreement, your partner still has an interest in the property, and they may refuse to sell. In such case it will be up to the courts to decide if a sale can occur. In a divorce proceeding you cannot sell the marital property without the consent of both parties.
Property rights can be complex, and a range of different factors can impact final outcomes. You should seek legal advice from a qualified family law solicitor to determine what your property rights are.
Contact Zapperty to discuss your situation with a qualified real estate representative.