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If I Leave My Marital Home, What Are My Rights In The UK?

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If you co-own a property with another person or persons, what happens if one of you wants to sell and the other(s) don’t?

As property prices have risen significantly faster than salaries, joint ownership has become popular. Married or cohabiting couples have been buying homes together for decades. Still, a growing number of people are seeking a “mortgage mate”, in the form of a friend or family member, to help them get their first foot onto the property ladder.

Whatever the relationship between the co-owners, you might be wondering, “Can I force the sale of a jointly owned property?” — read on to find out the answer.

I own half a house. What are my rights in the UK?

There are several ways people can own a property together. The most common being a “tenancy in common” and a “joint tenancy”. Both confer joint ownership, but some important differences will affect how easy it is to force the sale of the property.

Tenants in Common

Tenants in common can own different shares of the property. For example, tenant A may own a 60% interest in the property, and tenant B owns 40%. Each party independently owns their interest in the property rather than both/all parties jointly owning the entire property.

If one tenant no longer wants a stake in the property, they can either sell their share — to a new owner or one of the existing tenants — or force a sale of the whole property by applying to the court for an Order for sale.

Joint Tenants

Joint tenants collectively own the whole property – rather than holding shares they can sell independently. Even if one tenant has a bigger financial stake in the property, all tenants have equal rights to the property. Joint tenants cannot bequeath their ownership of the property in their will, it automatically goes to the other owners in the event of their death.

If joint tenants disagree about whether to sell the property or not, the tenant who wishes to sell must change the joint tenancy into tenants in common by applying for a notice of severance. The Land Registry will also have to be informed to amend the title to the property.

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Changing a joint tenancy to tenants in common

There are two simple processes to follow to change a joint tenancy arrangement to one that is tenants in common, depending on if the other owner(s) agree to the change or not.

If the other owner(s) agree to change a joint tenancy to tenants in common

If all owners are in agreement and are happy to make the change, the process is very simple:

1. Complete form SEV to register a ‘form A restriction’
2. Prepare any supporting documents you need to include; this includes the notice of severance – which can be the original or a certified copy
3. Send the form and supporting documents to HM Land Registry’s Citizen Centre, with no fee

If the other owner(s) don’t agree to change a joint tenancy to tenants in common

If the other owners aren’t on board, the process is slightly longer:

1. Prepare and serve a notice of severance to the other owner(s) – you can enlist the services of a conveyancer for this
2. Complete form SEV to register a restriction, you can do this without the other owners’ agreement
3. If you can’t provide any evidence of the severance options listed in the form SEV, fill in form RX1
4. Prepare any supporting documents you need to include
5. Send the form and supporting documents to HM Land Registry’s Citizen Centre, with no fee

Understanding Stamp Duty on Second Properties

What are the legal procedures and costs involved in an order for sale?

In England, anybody who wants to sell the home they jointly own with one or more partners that don’t want to sell can apply for an order for sale. The process is fairly straightforward, and you can obtain an order for sale without appointing a solicitor. However, if there are added complications, such as resident dependents, it may be wise to seek legal advice.

The first step is to complete an N208 form. You will need to provide a few key details:

- Evidence of the claimant’s financial interest (i.e. ownership) in the property
- Details of the outstanding debt on the property
- An estimated sale price
- A witness statement that explains who the other owners are and their circumstances
- For residential property, claimants must also confirm if any of the following have been registered against the property:
  – A Class F land charge
  – A notice under s.31 Family Law Act 1996

The form will be submitted to your nearest county court, which will reach a judgement. The court can grant or refuse the order for sale and this is detailed in the next subsection.

If the order for sale is granted, the property can be sold. The claimant can request that specific conditions be attached to the order, for example, a minimum sale price.

The tenant or tenants who do not want to sell have the right to oppose the order and request that the claim is rejected or postponed, but they must do this within 14 days of the date of service.

The different ways a court can order

After an order of sale has been applied for, the court can award one of five different orders:

- Order a sale
- Refuse a sale
- Order a sale but build a short delay into the order
- Refuse a sale but make an order regulating the right to occupy the property
- Partition the co-owned property – this is only awarded in rare cases

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The impact of resident dependents on the process of obtaining an order for sale

Where resident dependents are children, the court may order a sale with a delay so that the house can’t be sold until they are 18 or have left full-time education.

For resident dependents who may have severe disabilities, the court may order a sale with a delay until suitable alternative accommodation has been arranged.

An alternative to court action

If it is possible to reach an amicable agreement to sell, this is always preferable for everyone involved.

Consider inviting a mediator to join the discussion. A mediator acts as someone objective who can facilitate discussions and help the tenants reach an agreement. Emotions may be running high, and an intermediary could calm the waters sufficiently to allow for constructive conversation and compromise. Professional mediation services are available. Alternatively, you may have a friend or acquaintance who has no affiliation to one party or the other who could step in to help.

Can You Sell a House if One Partner Refuses? FAQs

Can I force the sale of a house if I own half of it as a joint tenant?

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Joint tenants have equal rights to the property. You will needto sever the joint tenancy before either one of you can apply for an order of sale to force the other to sell.

How long does it take to force the sale of a house?

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Applying for an order of sale can take several months and if there are complications or the courts are particularly busy when you submit your application, it could take a lot longer. It’s not uncommon for the entire process to take as long as 18 months. And you may spend considerable time trying to reach an amicable agreement or going through mediation before you decide to apply.

How much will it cost to force the sale of a house?

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This will depend on how long the court process takes, but it typically costs between £2,000 and £5,000 to force the sale of a house.

What is the most common way that people own a house together?

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Joint tenancy is far more widespread than tenancy in common; this is because most people who own a home together are either married or related (such as siblings buying together).

What happens if joint tenants disagree about the sale of a property?

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If joint tenants disagree about selling the property, the one who wants to sell can apply for a notice of severance so they become tenants in common and then sell their share.

How can I find out if I am a ‘tenant in common’ or a ‘joint tenant’?

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If you’re not sure whether you have a tenancy in common or a joint tenancy, check with the Land Registry. It will charge £3 to provide the information you need. If the register includes the following words, “No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court” and the names of the owners, you are tenants in common.

Sell Your Property Fast

Whether you reach an amicable agreement to sell via mediation or obtain an order for sale, a quick house sale will help all parties to move on swiftly. If the decision to sell has been enforced by court order, there will likely be ongoing disagreement and tension between you and the other tenants. This could become increasingly unpleasant and stressful if you have to wait for months for the property to sell on the open market.

If you successfully obtain an order of sale for your house and want a quick sale, House Buyer Bureau has the funds to buy your property for cash in as little as 7 days. We offer slightly below market value, but there will be no estate agent or legal fees to pay.

Chris

Chris

Chris has worked in property all his career, first as a successful estate agent before spotting a gap in the market for buying property directly from people looking for a simple, quick sale.

He has a passion for property and as an experienced valuer, has looked at well over 50,000 properties so far at HBB. He has extensive experience in property buying and regularly comments in the press on property matters, trends and promotes ways to simplify and speed up the selling process.

View articles by Chris

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