How to sell a house when one partner refuses?
For whatever reason you may have for wanting to sell your house, expectantly, you would want the process to go as smoothly as possible. However, sometimes that does not always seem to be the case, especially if you are not the sole person who is required to make the decision. In regard to the process involved in selling a house, you can occasionally be met with many obstacles a long the way, depending on the avenue you choose. Drawing attention back to the question, whether it be due to a relationship breakdown or another matter, attempting to sell a house when your partner is refusing to do so can come with its own trials and tribulations.
At FastCash4Houses, we prioritise your wants and needs and our main purpose is making the selling process as seamless as it can possibly for you. That is why we have collated some insights in to how you can go about selling your house if your partner is refusing to do so.
Your options will be dependent on what kind of legal partnership you have and on the technicalities of the title deeds. We have broken down a few scenarios for you here, in hopes that you will find one or a few of them relatable.
Relationship Status: Married / Civil Partnership
Regardless of what is going on in your relationship, you realistically do not want something such as the sale of a house to cause a rift between you. The house may possibly hold sentimental value to your partner or they may feel as though selling a house is too much hassle. Whatever the reason may be, the first thing we’d advise would be to negotiate, for example, if your partner feels as though it may be a lot of effort; you may want to advise them of businesses such as FastCash4Houses as we offer free no obligation cash offers within 24 hours.
If you find that you are trying your best with persuading your partner, however, they are being unreasonable, you may have to take the matter further. If you are the owner on the title deed, unfortunately you cannot force your partner to move out and visa versa. The person not on the deed, classed as the ‘non-owner’ has the right to remain residing in the property even if the property is sold, unless the owner gains consent. Again, going back to the original point, if the non-owner is being unreasonable, the court will intervene and remove the need for their consent.
Relationship Status: Divorced
If you are in the process of getting a divorce, you will only be able to either force a sale or move further with the action once the court has settled how much of the property you own. Or, if you are able to, you can both agree on the price of your shares and move forward.
On the other hand, if you both agree, you could choose a quicker option and use a solicitors help to buy your partners share through Transfer of Equity, meaning that the house will be solely yours to do with what you please.
Being join tenants means you both have equal rights to the property. That being said, one way to sell your house would be to, as mentioned earlier, buy your partners share. Another option would be to severe your joint tenancy and become tenants in common. However, do bare in mind, this process is much lengthier and may come at a higher cost than Transfer of Equity, although, you do not need your partners cooperation to do this so may be a better option if the circumstance state so.
Tenants In Common
If you have tried all the steps above and have resulted to becoming tenants in common, you will have to force a sale. Forcing a sale is a time-consuming and expensive option and the court may not always award what you are looking for. However, in some circumstances, this option may be best suited to you if none of the above has worked in your favour.
We hope that this article has come of use to you in some way or another. If you have any more queries at all, you can have a read through our other FAQ’s at https://fastcash4houses.co.uk/faq/. Or, if you’d prefer, you can get in contact with us to speak to a member of our team directly on 01204 294356 or [email protected].
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