Selling Guide
Selling Your Home After Divorce
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Selling a Home After Divorce – Your Questions Answered
Who Gets the House in a Divorce?
Ownership depends on the couple or, if unresolved, a judge. Even if only one name is on the deed, the other spouse may have legal rights. Courts determine division based on factors like marriage length, children, and financial contributions.
How Is Property Divided?
A solicitor can help mediate. If no agreement is reached, a court may issue a financial remedy order, deciding on sale, buyout, or division.
Selling a House with Children Involved?
Courts prioritise children’s welfare. The primary caregiver often remains in the home until children turn 18. Selling the home can simplify financial arrangements.
What Is a Mesher Order?
A Mesher Order postpones selling the house, often due to children living at home or financial constraints. It outlines when the property must be sold.
When Can You Sell During a Divorce?
Common Selling Scenarios
Selling Before Divorce Finalisation
Selling before the divorce is finalised can simplify asset division if both parties agree. It avoids long disputes and allows both individuals to move forward.
Selling During Divorce
This requires mutual consent, unless a court intervenes. Some couples opt to sell at this stageto avoid continued joint financial responsibilities.
Forcing a Sale
One party can apply for a court order to force the sale of the home. This is typically granted in cases of financial hardship or when neither party can afford to keep the property.
Who Gets to Stay in the House During Separation?
It does not matter whose name is on the property deed, both individuals have the right to stay in the home during a separation.
Neither party can force the other out without a court order.
If one spouse moves out, they can return unless a legal order prevents them.
Neither spouse is legally allowed to change the locks without mutual agreement or a court ruling.
In most cases, one person will leave, as living together amicably during a divorce can be challenging.
If the divorce involves domestic abuse, legal advice is essential to ensure safety.
Who Pays the Mortgage During a Divorce?
Whoever’s name is on the mortgage is responsible for paying it.
If both names are on the mortgage, both parties must continue payments, even if one person has moved out.
Mortgage lenders understand the financial strain of divorce and may offer temporary relief, such as delayed or reduced payments.
Always contact your mortgage provider to discuss possible options, but remember, this is a short-term solution.
Selling Tips for a Smooth Process
Protect Your Interests
Hire a solicitor for legal guidance.
Prepare the Property
Remove personal belongings to speed up the sale.
Sort Financial Agreements
Discuss mortgage responsibilities.
Move Forward
Selling allows for a fresh start.
Selling After Divorce FAQs
Do we have to sell the house after a divorce?
How is the sale of a home handled during a divorce?
What happens if one spouse wants to sell and the other doesn’t?
How is the equity divided when selling a home after a divorce?
Should we sell the house before or after the divorce is finalised?
What if there is still a mortgage on the home?
Can I sell my home quickly during a divorce?
Do we have to pay Capital Gains Tax (CGT) on the sale?
How can we minimise stress during the selling process?
What are the benefits of a quick cash sale after divorce?
- A fast resolution with funds in as little as 7 days
- No property chain risks
- Fewer legal complications
- A clean financial break to move forward
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