Selling a jointly owned house

If you own a house with someone else in England or Wales, you normally both have to agree to sell it, and every legal owner has to sign the paperwork. When you agree, selling works much like any other sale, and the money is shared out at the end. When you don't, the options are to keep talking, try mediation, buy the other owner out, or, as a last resort, ask a court to order a sale. This guide explains how joint ownership works, what to do when one owner wants to sell and the other doesn't, and the honest pros and cons of each way to sell.

It's general information, not legal advice. If you're married or in a civil partnership and separating, the home is usually dealt with as part of the divorce: see selling a house during divorce.

Joint tenants or tenants in common: why it matters

There are two ways to own a home with someone else, and they make a real difference when you sell or when one owner dies.

	Joint tenants	Tenants in common
What you own	The whole house together, with equal rights	A share each, which can be unequal
If an owner dies	It passes automatically to the surviving owner	Their share goes to whoever inherits under their will or the intestacy rules
Can you leave it in a will?	No	Yes
Common for	Married couples and civil partners	Friends, relatives, unmarried couples, investors

How to check which you are. Look at the documents from when you bought: the transfer, or a declaration of trust (also called a trust deed) that sets out each owner's share. You can download the title register from HM Land Registry for £7. If joint tenants have become tenants in common, a "Form A" restriction is added to the register, so seeing one is a strong clue. A solicitor or conveyancer can confirm it for you.

Changing from joint tenants to tenants in common. This is called severing the joint tenancy. You can do it without the other owner's agreement by giving them written notice, then applying to HM Land Registry on form SEV. There's no fee. People often do this after a relationship ends, so their share doesn't pass automatically to their ex if they die.

When all the owners agree to sell

If you agree, the sale works like any other:

1. Agree the asking price and the lowest offer you'll accept, in writing.
2. Agree who instructs the estate agent and solicitor, and ask them to copy all owners into everything.
3. All owners sign the contract and the transfer.
4. On completion, the solicitor pays off the mortgage and costs, then pays out the rest by your shares.

Agree how to split the money before you sell. Tenants in common split by the shares they agreed. Joint tenants usually share equally. If one of you paid much more towards the deposit or the mortgage than the paperwork shows, sort it out with legal advice before you accept an offer, not after.

When one owner wants to sell and the other doesn't

This is where most of the stress comes from. Work through the options in roughly this order.

Talk, then try mediation

Find out why the other owner doesn't want to sell. They may need time to find somewhere to live, want a higher price, or feel they put more in. A trained mediator can help you reach an agreement without going to court, and is usually much cheaper.

Offer to buy them out, or ask them to buy you out

One owner pays the other the value of their share and keeps the house. Things to sort out:

• The value. Use an independent valuation you both accept.
• The mortgage. The lender has to agree to the person staying taking it on alone, and to release the person leaving. The person staying may need a bigger mortgage to pay the other owner.
• Stamp Duty Land Tax. Buying a share of a house can count as a purchase. The tax is worked out on what you pay, which can include any share of the mortgage you take on, and it only applies above the threshold (£125,000 for residential property in England). Wales has Land Transaction Tax instead. Transfers between spouses or civil partners as part of a divorce are treated differently.
• Legal costs. Both of you should have your own advice.

Ask a court to order a sale

If agreement isn't possible, any co-owner can apply to the court under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (often shortened to TOLATA). The court can make orders about the house, including an order for sale. Under section 15, the judge must consider:

• what the owners intended when they bought it
• the purpose the house is held for, such as a family home, and whether that still applies
• the welfare of any children who live there or might reasonably be expected to
• the interests of any lender with a mortgage on it
• the wishes of the owners, with the majority by value of their shares carrying weight

Court cases can take many months and legal costs can eat into everyone's share. Treat it as a last resort, and get advice from a solicitor who handles property disputes before you start.

If a co-owner has died

• Joint tenants: the house passes automatically to the surviving owner, who can sell it without probate, usually after sending the death certificate to HM Land Registry.
• Tenants in common: the surviving owner may need to appoint a second trustee to sell, and the deceased owner's share of the money goes to their estate. See selling an inherited house.

If a co-owner has lost mental capacity

If you want to sell and the other owner can no longer make decisions, you usually need to apply to the Court of Protection to appoint someone to act for them in the sale. It costs £432 to apply, plus £494 if the court decides a hearing is needed. You may not need to apply if the owner made a power of attorney that has been registered.

Tax when you sell a jointly owned house

Each owner looks at their own share.

• If it's your main home, you usually won't pay Capital Gains Tax on your share.
• If it isn't, for example it's a buy-to-let you own with a sibling, Capital Gains Tax may be due on your share of the gain, after costs of buying, selling and improving it. For the 2026 to 2027 tax year the rates are 18% within the basic rate band and 24% above it, and each owner gets their own £3,000 annual exempt amount.
• Any tax due on UK residential property must be reported and paid within 60 days of completion.

Your options for selling

Route	Price	Speed	Good for
Estate agent	Usually the highest	Often several months	Owners 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	Owners who need a quick, certain sale and a clean split
One owner buys out the other	Agreed, ideally from a valuation	Depends on the mortgage	One owner who wants to stay

When an estate agent is likely to get more: if you all agree, the house is in reasonable condition, and nobody is under time pressure. For most co-owners, that's the place to start, and a quick sale won't suit you if getting the highest price matters more than speed.

When a quick sale can make sense: if you've agreed to sell but can't agree on much else, if the mortgage or bills are becoming a problem, or if the house needs work none of you wants to pay for. A fixed price and a date you choose can take a lot of heat out of the situation. You'll usually get less for the house, though.

If you're weighing up a cash sale, we buy homes across England and Wales. We make an offer within 24 hours, show all the owners how we worked it out from recent sales nearby, pay the legal fees, and let you choose the completion date. Every owner has to agree to accept it, our offer is below market value, and there's no obligation.

A checklist for co-owners

• Check whether you're joint tenants or tenants in common
• Find any declaration of trust, and agree each owner's share
• Get an independent valuation
• Ask the lender about redeeming or transferring the mortgage
• Agree in writing who pays the mortgage and bills until the sale
• Try mediation before any court application
• Get your own legal advice on a buyout or a court application
• Check Capital Gains Tax if the house isn't your main home