Quick Answer: Can I Be Forced To Sell A Jointly Owned House?

Do both owners have to sign to sell a house?

As a general proposition, if a property is owned by two parties (spouses or tenants in common), it takes the signature of both of them to effectuate a sale..

Can my husband sell our house without my consent?

In such cases, the husband cannot sell the property without her consent. Both owners must release their claim on the property’s title before it can be transferred to a new owner. Likewise, both owners must also agree on the terms of the sale, such as the price and date of possession, before it can take place.

What circumstances can you force a House Sale UK?

Under most circumstances an order for sale can be obtained if the co-owners:agreed within a deed of trust their intentions for selling the property.aren’t married and their intention was to sell the property before the end of the mortgage term, or within 5 years of buying the property.More items…

Can I force my ex to sell the house UK?

If you don’t have any children but the home is in both of your names, your ex still cannot force you to sell. When you get married you essentially sign up to a 50/50 split on life and this includes your home, savings, pensions, businesses and any other assets. These are known as matrimonial assets.

Can you sell a house if one partner refuses?

You may decide to sell your property without the consent of your spouse. … If that includes a spouse who refuses to sign off on the sale, the transaction cannot close. This is why I won’t take a listing in a family law case with only one signature when both spouses are on title unless there are extenuating circumstances.

What happens if one co owner wants to sell the property and the other doesn t?

If you want to sell the house and your co-owner doesn’t, you can sell your share. Your co-owner probably won’t like this option, however, unless they know and feel comfortable with their new co-owner. … Co-owners usually have the right to sell their share of the property, but this right is suspended for the marital home.

How do you force sale of a jointly owned property?

Forcing the Sale of a Jointly Owned property When this is the case, the legal owner intending to sell the property can make an application to a court for an order for sale. Upon the granting of the order for sale by the court, the legal owner can force for the sale of the jointly owned property.

Can I be forced to sell a jointly owned house UK?

A If you and your co-owners are tenants in common – and so each own a distinct share of the property – then yes you can force a sale. … If there is no such wording you are all joint tenants and will need to sever the joint tenancy before you are in a position to apply to a court for the “order for sale”.

Does my ex have to pay half the mortgage?

Most commonly, if you remain living in the home, you should pay the mortgage and expenses for the home, pending sale. … In this instance, your ex-partner should pay the mortgage and you could obtain a Court order or agreement that they do so as “spousal maintenance”.

How do you sell house if partner doesn’t want to?

If you want to sell and your partner doesn’t (or vice versa), one person can begin an action of division and sale in court. However, the other party can petition the court to a division of the proceeds, or to buy the place at a market price or one decided by the court.

Can my ex refuse to sell our house?

You cannot force a sale, but you can try to come to an agreement with them, by either buying them out or selling them your part of the property. If you’re currently dealing with a divorce, dealing with your shared belongings can become hard work very quickly.

Can a court force me to sell my house?

Selling your home can often be stressful enough, but if you need to get a court order so the house can be sold, it may make it seem a lot more complicated. A court order is usually required if you and your partner have split up and can’t agree to sell the property, or you cannot afford to repay the mortgage.

What happens if you have a joint mortgage and split up?

Paying the mortgage after separation A joint mortgage means you’re both liable for the mortgage until it has been completely paid off – regardless of whether you still live in the property. If you miss a payment or fall behind on payments, it will negatively affect both yours and your ex-partner’s credit report.