Divorce is one of life's most stressful experiences — and when a shared property is involved, it can become even more complicated. Whether you're in the early stages of separation or already in court proceedings, understanding your options for selling the family home can help you move forward faster and with less conflict.

This guide covers everything UK homeowners need to know about selling a house during a divorce, from legal rights to the fastest sale methods available.

Who Owns the House in a Divorce?

Before you can sell, it's important to understand ownership. In the UK, property ownership during divorce depends on how the home is held:

Joint tenants: Both parties own the property equally. Neither can sell without the other's consent.
Tenants in common: Each party owns a defined share (e.g. 60/40). Either party can sell their share independently, though this is rarely practical.
Sole name: Only one spouse is on the title deeds. However, the other may still have a legal interest — especially if they contributed financially.

Regardless of how the property is held, the court has wide powers to order a sale or transfer as part of a financial settlement.

Your Options for the Family Home

When divorcing, you typically have three choices for the matrimonial home:

1. Sell the Property and Split the Proceeds

This is the most common outcome. Both parties agree to sell, and the net proceeds are divided — either equally or according to a court order or financial agreement. This provides a clean break and releases equity for both parties to move on.

2. One Partner Buys Out the Other

One spouse keeps the home by paying the other their share of the equity. This requires remortgaging in a sole name, which depends on individual affordability and lender approval.

3. Deferred Sale (Mesher Order)

The court can order that the sale is delayed — typically until the youngest child turns 18 or finishes full-time education. One party remains in the home during this period. This is less common and can create long-term complications.

What Happens If You Can't Agree to Sell?

Disagreements over the family home are extremely common in divorce. If you and your ex-spouse cannot reach an agreement, you have legal options:

Mediation: A neutral third party helps both sides reach a voluntary agreement. It's faster and cheaper than court.
Consent Order: Once you agree, a solicitor can draft a legally binding consent order approved by the court.
Court Order (Section 14 TOLATA): If one party refuses to sell, the other can apply to the court under the Trusts of Land and Appointment of Trustees Act 1996 to force a sale. Courts usually grant this order.
Matrimonial Causes Act Order: As part of divorce financial proceedings, the court can order the property to be sold and proceeds divided.

Acting quickly and cooperatively — even when it's difficult — almost always leads to a better financial outcome for both parties.

How Are the Proceeds Divided?

The division of sale proceeds is rarely automatic. Courts consider several factors under the Matrimonial Causes Act 1973:

Length of the marriage
Financial contributions of each party
Earning capacity and future financial needs
Welfare of any children
Standard of living during the marriage
Age and health of both parties
Non-financial contributions (e.g. raising children, homemaking)

While a 50/50 split is common, it is not guaranteed. Always seek independent legal advice to understand what you're entitled to.

Tax Implications When Selling During Divorce

Capital Gains Tax (CGT)

Your main residence is usually exempt from CGT under Private Residence Relief. However, once you separate and one party moves out, the clock starts ticking. From April 2023, the rules changed:

The departing spouse has up to 3 years after moving out to transfer their interest without a CGT charge (previously only 9 months).
If the property is sold as part of a formal divorce settlement, additional relief may apply.
Always consult a tax adviser to understand your specific position.

Stamp Duty Land Tax (SDLT)

Transfers of property between divorcing spouses as part of a court order or formal agreement are generally exempt from Stamp Duty. However, if one party is buying out the other, SDLT may apply on the value of the share being acquired.

Why Speed Matters in a Divorce Sale

The longer a property sale drags on during a divorce, the more it costs — financially and emotionally. Ongoing costs while waiting for a sale include:

Joint mortgage payments
Council tax and utility bills
Buildings insurance
Maintenance and repairs
Legal fees that accumulate over time

Every month of delay can cost thousands of pounds and prolong the emotional strain on both parties and any children involved.

Traditional Sale vs. Cash Buyer During Divorce

Traditional Estate Agent Sale

Takes 6–9 months on average
Requires both parties to cooperate on viewings, negotiations, and decisions
Risk of sale falling through (30% of agreed sales collapse)
Ongoing joint costs during the lengthy process
May achieve closer to full market value

Cash House Buyer

Complete in as little as 7–14 days
Minimal interaction required between parties
Guaranteed sale — no chains, no fall-throughs
No repairs or viewings needed
All legal fees covered
Clean break for both parties, faster

For divorcing couples, a cash sale is often the preferred route because it minimises the time both parties must remain financially and legally tied together. The faster the sale, the sooner both parties can achieve financial independence.

Practical Steps to Sell Your House During a Divorce

Get independent legal advice — Each party should have their own solicitor to protect their interests.
Agree on a sale method — Decide together whether to use an estate agent or a cash buyer. If you can't agree, seek mediation.
Get a property valuation — Obtain at least two independent valuations so both parties agree on the property's worth.
Request a cash offer — A no-obligation cash offer gives you a concrete figure to work with immediately.
Agree on how proceeds will be split — Ideally formalise this in a consent order before completion.
Instruct solicitors to handle the sale — Both parties' solicitors will need to be involved in the conveyancing process.
Complete and move forward — Once funds are received, they are distributed according to the agreed split.

Tips for a Smoother Divorce Property Sale

Keep communication professional: Use solicitors or mediators as intermediaries if direct communication is difficult.
Don't let emotions drive decisions: A slightly lower price for a faster, certain sale is often better than months of conflict.
Protect your credit: Ensure mortgage payments continue to be made during the sale process to avoid arrears affecting both credit files.
Consider the children: Minimising disruption and uncertainty for children should be a shared priority.
Act quickly: The sooner you start the process, the sooner both parties can achieve financial independence.

How We Buy Homes 24 Can Help

We understand that selling a home during a divorce is about more than just property — it's about enabling both parties to move forward. We specialise in sensitive, fast property purchases and can:

Provide a free, no-obligation cash offer within 24 hours
Complete the purchase in as little as 7 days
Work with both parties' solicitors professionally and discreetly
Purchase in any condition — no repairs or renovations needed
Cover all legal fees and survey costs
Offer a flexible completion date to suit both parties

Ready to get a clean break? Request your free cash offer today. There's no obligation, no pressure, and no fees. We'll help you sell your house quickly during your divorce so both of you can start the next chapter of your lives.

How to Sell a House During a Divorce in the UK: Everything You Need to Know