Selling a house during a divorce or separation

When a marriage or civil partnership ends, the family home is usually the biggest thing to sort out. In England and Wales there are three main options: sell it and split the money, one of you buys the other out, or you delay a sale, often until the children are older. If you agree, a solicitor can make your agreement legally binding with a consent order. If you can't, a court can decide, and it can order a sale. This guide explains each option, how a sale works in practice, and how to keep things as fair and calm as possible.

It's general information, not legal advice. Every family is different, and the decisions you make now can be very hard to change later. Before you agree anything about the house, speak to a family solicitor or a mediator.

Can you sell a house while you're getting divorced?

Yes. You don't have to wait for the divorce to finish, but you do both need to agree.

• If you own the house jointly, every legal owner has to sign the sale, so neither of you can sell it alone.
• If it's in one name only, the other spouse or civil partner can register home rights with HM Land Registry (form HR1, no fee). These help stop the owner selling the home without them. Home rights usually last until the divorce is finalised, unless a court extends them.

Citizens Advice notes there are very few situations where a partner can make you leave your home, and neither of you can change the locks or force the other out. Don't try to settle what happens to the house without advice first.

Your options for the family home

Option	How it works	Things to weigh up
Sell and split the money	The house is sold and, after the mortgage and costs, the money is divided as agreed or ordered	Gives both of you a clean break, but you'll both need somewhere new to live
One of you buys the other out	One keeps the house and pays the other their share, usually with a new or bigger mortgage	The buyer needs a lender to agree, and the leaving partner needs to be taken off the mortgage
Transfer with an offset	The house goes to one of you, and the other gets more of the savings or pensions	Needs careful valuation of everything, including pensions
Delay the sale	One of you stays in the house, usually with the children, and it's sold later, on a date or event set out in the order	Keeps the children settled, but ties up the other partner's money for years

A court can order a sale and can say it shouldn't happen until a set date or a particular event, such as the youngest child finishing school. It can also say who the house must be offered to first, and how the money is split.

Making your agreement legally binding

A written agreement between you is a good start, but Citizens Advice points out that a separation agreement isn't legally binding when you divorce. To make the deal about your house and money binding, you need a court order.

If you agree: a consent order. A solicitor or divorce specialist usually drafts it. You both sign a statement of information (form D81), one of you completes form A, and you send it to the court. The court fee is £62. The court can't approve it until you have your conditional order.

If you can't agree: a financial order. One of you applies on form A (court fee £321). There's a first hearing, usually 12 to 14 weeks after you apply, then a financial dispute resolution hearing to try to reach agreement, and a final hearing if you still can't. The judge looks at things like each of your needs, incomes, ages and the length of the marriage, and the children's needs come first. A financial order only takes effect once the final order of divorce has been made.

Try mediation first. Before applying to court for a financial order you usually have to attend a mediation information and assessment meeting (MIAM), unless an exception applies, such as domestic abuse. GOV.UK says a MIAM usually costs about £120, and legal aid may cover mediation if you're on a low income.

What happens to the mortgage?

If the mortgage is in both your names, you're normally both responsible for all of it until it's paid off or the lender agrees to take one of you off, even if one of you has moved out. Missed payments can damage both your credit records and, in the worst case, lead to arrears and repossession.

• Keep paying, even if you're arguing about who should.
• Agree in writing who pays what until the house is sold.
• Tell the lender early if you're struggling.
• Ask the lender about any early repayment charge if you sell before your fixed rate ends.
• If one of you is buying the other out, ask the lender early whether they'll lend to you alone.

Tax when you sell or transfer the home

Capital Gains Tax. You usually don't pay Capital Gains Tax when you sell or transfer your main home. Since 6 April 2023, separating spouses and civil partners can transfer assets to each other without an immediate tax charge up to the earlier of the end of the third tax year after the one in which they stopped living together, or the date of the court's divorce order. Transfers made under a formal divorce agreement or court order also qualify. If one of you moved out a long time before the house is sold, or either of you owns another property, ask an accountant to check whether any tax is due. Any tax on a UK home has to be reported and paid within 60 days of completion.

Stamp Duty Land Tax. A transfer of the home between spouses or civil partners is exempt from Stamp Duty Land Tax if it's made under a court order, or an agreement made in connection with the divorce or separation. Land Transaction Tax applies in Wales instead, so ask your solicitor how it applies to you.

Selling the house: which route suits you?

Route	Price	Speed	Good for
Estate agent	Usually the highest	Often several months from listing to completion	Most couples who agree and can wait
Auction	Uncertain, with fees	Weeks from listing	Houses needing a lot of work
Cash buyer	Usually below market value	Can be weeks	Couples who need a quick, certain sale and a clean break
One of you buys	Agreed, ideally from an independent valuation	Depends on the mortgage	Keeping the house in the family

When an estate agent is likely to be better: if you both agree, the house is in decent condition, the mortgage is being paid, and getting the highest price matters more than speed. For most separating couples, that's the right starting point, and a quick sale won't suit you if you can both wait for the higher price.

When a quick sale can make sense: if the mortgage is becoming hard to pay, a sale has fallen through, the house needs work neither of you can pay for, or living with an unsold house is making things harder. A quick sale gives you certainty, but you'll usually get less for the house.

If you're weighing up a cash sale, we buy homes across England and Wales. We make an offer within 24 hours and explain how we worked it out from recent sales nearby, so you can both see the figures. We pay the legal fees and you choose the completion date together. Our offer is below market value, both owners have to agree to accept it, and there's no obligation to.

Keeping things fair and calm

Selling a home while a relationship ends is hard. A few things help:

• Agree on a valuation. Get two or three agent valuations, or a surveyor's valuation that you both trust. Our guide to getting a house valuation explains the options.
• Choose the agent and solicitor together, and ask them to copy both of you into everything.
• Put decisions in writing, including the asking price and the lowest offer you'll both accept.
• Use a mediator if conversations keep breaking down.
• Keep the children out of it as far as you can.
• Keep records of what each of you pays towards the mortgage and bills while the house is on the market.

If you own the house with someone you're not married to, the rules are different. See our guide to selling a jointly owned house.