Selling Due To Divorce: Your Property Questions Answered

January is known to be a significant month for separations and divorce filings, and several factors contribute to this trend. The festive season can put additional stress on already strained relationships, with the pressures of creating a perfect Christmas, financial strain, and family dynamics all playing a part. So, selling due to divorce is an action that people are more inclined to contemplate, possibly due to New Year's resolutions or simply wanting a fresh start in the new year.

A study found a dramatic 230% increase in searches for "I want a divorce" in the first week of January, supporting the idea that the post-Christmas period is a common time for couples to consider ending their marriage.

Selling a house due to divorce can be immensely stressful. Amidst heightened feelings, stress and divorce proceedings, questions on various aspects, such as assets, children, property and legalities arise. Here, we answer some crucial questions concerning selling due to divorce.

Who gets the house in a divorce with children?

One of the critical questions asked during a divorce is who gets the house when children are involved? Ideally, couples decide this amicably, but circumstances may often necessitate turning to the courts. In such cases, a court might establish a Financial Remedy Order requiring your partner to make a lump sum payment, or grant you the ownership of the property, along with provisions for childcare.

Court Decisions and Living Arrangements

When imposing a Financial Remedy Order, the court’s decisions are based on:

• The number of children under 18, their needs, and who they live with at the time of separation.
• Income, potential future earnings, property, and other financial resources each party has.
• The age of each spouse and length of the marriage.
• Any physical or mental disabilities either spouse has.
• The annual earnings of each spouse, and their responsibilities during the marriage.

Living arrangements amid separation and divorce require conscientious planning. Notably, services such as Relate advise taking meticulous time in making these decisions, especially when children are involved. Relate also sees a peak in calls during January, as issues come to a head over the festive period.

How is a house divided in a divorce?

The matrimonial home often represents the most valuable joint asset a couple owns and is the key aspect to consider when selling a house due to divorce.

Options typically include one spouse buying the other out, or selling the house and dividing the proceeds. However, intricacies involving children, asset division, and potentially a Mesher Order might further influence the decisions.

What is a Mesher Order?

A Mesher Order defers the sale of a house until a specific event (for instance, the youngest child turning 18). Subsequent to this, the proceeds of the house are divided according to the court order. This, however, implies that both partners remain on the mortgage agreement, potentially complicating future mortgage applications.

Who gets to stay in the house during separation?

While traditionally one spouse moves out of the house during a divorce, the departing partner doesn’t forfeit rights to ownership or occupancy of the house.

Payment Obligations

Despite a pending divorce, maintaining mortgage payments remains crucial, protecting you from property repossession by banks and lenders. Regardless of your living arrangements, you remain liable for the debt. Discussing potential changes with your mortgage lender as early as possible is highly advised.

Can I sell my house before divorce?

While the perfect time to sell your house during a divorce doesn’t exist, reaching a mutual agreement prior to separation remains optimal. Swiftly selling your house could aid both parties in recovery and moving forward post-divorce.

Parties can sell the property before the divorce is finalised, and then there are options for how they divide up the money and property. Both spouses can agree to sell their house and move out. The money raised would be divided according to any agreement made when they bought the property. Alternatively, one party agrees to buy the other one out after a valuation. Re-mortgaging your property in Evesham could also present a viable option, enabling you to access the equity in your property, and potentially allowing the buyout of your ex-partner’s share.

Selling a house due to divorce

A quick sale will be beneficial to both parties, helping you get on with separate lives. Remember that getting the best price for your home will be advantageous, and reaching an agreement on the final sale price may resolve many tensions.

Navigating a property sale during divorce is complex and emotional. Given the many factors involved, consulting professionals like a divorce solicitor can provide clarity and guidance during this challenging time.

If you are looking to sell your property in Evesham due to divorce or separation, our expert team at Christian Lewis Property can offer helpful advice. We understand that this is an emotional time for you and will always do our best to make selling your home as stress-free as possible. Email us at sales@christianlewisproperty.co.uk, request a valuation, or call us on 01386 442929 for a confidential chat.