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Selling a House After Divorce 

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Divorce house sale

Divorce and separation take an undeniable toll on our emotions. Whilst dealing with the emotional repercussions we often forget the complex financial and legal issues that also follow. For many couples and families, the largest asset involved in a divorce is the family home and there is no obvious outcome as to how property is handled.

What happens to the house during a divorce?

What happens to your home is completely up to you and your partner. In a perfect world the two of you will make a decision, with the help of a solicitor, that you both agree with. This could be one of you remaining in the home, one party buying the other out or selling up. However, divorces are difficult times and tensions can reach a head easily, resulting in a lack of communication about how to tackle assets. In this situation legal professionals will step in to make sure the settlement is fair. If you have children under the age of 18 their welfare is and will be paramount in any legal proceedings.

Can my ex-partner sell our house?

Ex partners can try to force you out of the home, but they cannot legally. Until a divorce is finalised you both legally have the right to remain there. Even once a divorce has been granted, you are still not obligated to sell.


If an individual has left the home and there are children under the age of 18 living there, most legal bodies will grant the remaining parent the right to live there. However, regardless of circumstances, exes will be considered and sometimes (particularly if there are no children involved) selling up is the fairer option so that you can both benefit from the capital.

What happens to a joint mortgage when you divorce?

Having an outstanding joint mortgage following a divorce or separation can be difficult. During a divorce the mortgage still needs to be paid, regardless of who is or isn’t living in the property as you are both liable for the debt. Not paying your mortgage can damage the credit history of both individuals and result in repossession if the case were to go to court.


If you are divorcing, let your mortgage lender know. Even if you don’t think you will struggle with repayments, they will be more sympathetic if you were honest from day one. Many lenders will arrange a mortgage payment or holiday or give you some breathing space whilst you tackle the situation.


Although it may seem very black and white, most couples have the following options with a joint mortgage property during a divorce:

During a divorce you have the following option if you have a joint mortgage:

  • Sell up and move
  • Keep the property and pay your mortgage

Selling a house after divorce

Sometimes selling the marital home is the result of a separation or divorce. This can be a mutual agreement or an act decided by the courts. Before putting your home on the market, you should consider:

  • How much your house is worth?
  • What method of selling would be best for you?
  • Do you have somewhere to live?

If you would like a quick and simple house sale there is an alternative to the traditional open market route. Get in touch with us today to discover how we can make selling your home, during or after a divorce, as stress-free and seamless as possible, in as little as seven days.


We will even allow you to live in the property rent-free for a period of time, after the purchase has been completed, to give you more time to work out onward plans.


If you want an easy and efficient divorce house sale solution, simply fill in our enquiry form below and we’ll be in touch before you know it.

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Customer Reviews

We had a property that we needed to sell relatively quickly and remotely as we live abroad. The team at 123 Direct acted swiftly and professionally to do exactly as their website states. Professional, reliable, and most importantly quick!

Robert & Jennifer

I cannot say thank you enough to the 123 Direct Team, my apartment was on the market with a well-known agent for 9 months with very little interest. Although I didn’t get the full market value the sale was stress free and very quick!

Arjun Patel

From my first conversation with 123 Direct I knew I was in safe hands. Life had delivered some curve balls and I needed to relocate for a new job opportunity. The team took the time to understand my situation and offered me a fair price for my home. Fantastic service would not hesitate to use again.

Christopher

Very professional and reliable. Fair price offered and very quick turnaround. Highly recommended.

Mrs V Brookman

Thank you 123 Direct for making our property nightmare go away! We were so excited to buy our first property, unfortunately during the buying process we only had a basic survey carried out on the property. Once we moved into the property it soon became clear that a lot of work was required to the property – more than we could afford! That’s when we decided we had to sell, our property was advertised for 6 months with a local agent – we didn’t get any takers. We contacted 123 Direct who made the whole thing so easy, thanks again guys!

… Needless to say, we got the full survey on our new house!

Greg & Charlotte

Our Father passed away suddenly - following his death we discovered he was in a huge amount of debt, which became our debt. 123 Direct were incredible at making the whole process as simple and stress free as possible. Thanks to 123 Direct we were able to clear Dad’s debts before they became a financial burden to us.

Sophie & Sarah

5 STARS! From first contact to exchanging contracts, 123 Direct have been superb. My buyer dropped out and I was given a deadline to exchange by the developer who I was buying my new home from. I needed to sell fast, I found 123 Direct through Google.

I knew I wouldn't get the full asking price of my property, but the offer made was reasonable. As they promised, less than 2 weeks later we have exchanged!! Thank you to the team for all of their help.

D. Rodriguez

Very honest and transparent, contactable at all times and the timing of the transaction was exactly as promised.

Stuart Horsham

The easiest 5 stars I've ever rated someone. We're very pleased with how 123 Direct helped us, we needed a quick sale and 123 Direct not only made it happen but it was also a stress-free process. We’re now settled in our lovely new house!

Mr & Mrs Sutherland

Absolutely fantastic service from start to finish from the team at 123 Direct, literally couldn't fault them at all. Thank you so much!

Rachel Wakefield

Property & Divorce FAQs

Where can I find out more about my property rights during divorce?

When it comes to your rights during a divorce contact legal representation to give you advice and guide you through the proceedings.

Where can I get advice about selling my home due to divorce?

Call us today on 0800 774 0004 to get free and helpful advice regarding selling your home following a divorce.

Can I stay in the property after it has been purchased?

Yes. To help during this difficult time, we are happy to offer a grace period in which you can continue to live in the property rent free for a period of time, once the property has been purchased by us.

On a longer term basis, we typically will look to sell on any property we purchase. However, in some cases we will rent the property out – depending on what the rental market is like in the area. If you would like to remain in the property WeBuyAnyHome purchase from you as a tenant, make sure to discuss this with your dedicated agent during your initial phone call. They will then assess whether this is possible and if so will work to make it happen for you.

Will my property be split 50/50 in a divorce?

Whilst it is often assumed that all assets are divided equally during a divorce this isn’t always the case. A number of different factors will be taken into consideration, including the welfare of any children aged 18 or under.

Can I remain in the home with my children?

The final decision will either be made between yourself and the other party involved or decided by the courts. The welfare of any dependent children is paramount in divorce proceedings so housing decisions will be made based upon their needs.

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