Can my ex make me sell the family house? Expanded guide for 2025
Divorce or separation is a deeply emotional time, made even more stressful when property is involved. In this guide, we’ll explain your rights, protections, and options in 2025, offering clarity and actionable advice for homeowners navigating separation or divorce.
Can my ex make me sell the family house?
The short answer is no, your ex cannot automatically force you to sell the family house, but there are circumstances where a sale could become inevitable. Whether you are married or cohabiting, whether your name is on the property deeds or not, and whether children are living in the home all impact what rights you have and what your ex-partner can or cannot do.
Understanding legal ownership: Whose name is on the deed?
When it comes to property rights, one of the first things to establish is whose name is on the title deeds. If both your name and your ex’s name are listed as owners, then the principle is clear: your ex cannot sell the family house without your agreement.
The law recognises joint ownership, meaning both parties must consent to any sale. However, this does not mean that either party can apply to the court for an ‘order of sale’ and have a judge rule that the house must be sold, so that both parties receive their fair share of the proceeds.
If the property is solely in your ex-partner’s name, things become more complex. In this case, it might appear that your ex has full legal control and could sell the family house without consulting you. However, marriage provides important legal protections.
Even if you are not listed as the owner, being married gives you certain automatic rights to live in the home and to prevent its sale while the marriage is still legally intact.
You can formally protect these rights by registering a Home Rights Notice with HM Land Registry, ensuring that your ex cannot sell the family house, remortgage, or transfer ownership of the property without your knowledge or consent.
The impact of children on your housing rights
One of the key factors that courts will consider in property disputes during separation or divorce is whether children are living in the home. Under UK family law, the welfare of children is an important consideration.
If children under the age of 18 live in the property, it may not be appropriate or fair to force a sale, especially if it would disrupt their schooling, social networks or stability.
In many cases, courts will delay a sale of the property until the youngest child reaches adulthood or finishes full-time education. This principle is designed to ensure that children have a stable home environment at a time of significant upheaval in their family life.
Therefore, even if your ex is pushing for a sale, the court may allow you to remain in the property with the children until a later date, recognising that providing a home for dependent children is a key legal priority.
How divorce affects property rights and sales
Once a divorce is finalised, the situation changes significantly. While marriage grants certain rights to both parties during the marriage, once the divorce is issued, those rights, such as Home Rights, automatically come to an end. At this point, the family home becomes an asset of the marriage that needs to be divided fairly.
It is essential to recognise that the court does not necessarily divide assets based solely on who holds legal title. Instead, the court will look at the broader picture:
- Contributions made by both spouses, financial and non-financial
- Their respective housing needs
- Earning capacity
- The needs of any dependent children
The occurrence has broad discretion to order a range of outcomes, including one spouse buying out the other’s interest, the property being sold and the proceeds divided, or in some cases, delaying the sale until the children are grown.
For separating couples who can reach an agreement amicably, it may be possible to avoid lengthy and costly court proceedings by negotiating a financial settlement that reflects both parties’ interests.
If neither party can afford to take on the mortgage alone or buy out the other, then having to sell the family house may be the most practical solution.
Can you take legal action to prevent a sale?
If you fear that your ex may try to sell the family house without your consent, there are proactive steps you can take to protect yourself. The most common method is to apply for a Home Rights Notice, as mentioned earlier. This creates a legal ‘charge’ on the property and prevents it from being sold, mortgaged or transferred without your agreement for as long as you remain married.
If you are concerned about immediate threats, such as domestic abuse or harassment, you can also apply for an Occupation Order under the Family Law Act of 1996. This allows the court to regulate who lives in the family home, even if your ex-partner is the sole legal owner. In some cases, the court may exclude your ex from the property entirely to protect your safety and well-being.
It is worth emphasising that these protections are temporary and end upon divorce, unless extended by a court order. As a result, you should seek legal advice early in the process to understand your options and protect your interests.
What about cohabiting couples?
For cohabiting couples, the legal position is quite different. Unmarried partners do not have the same legal protections as married spouses, regardless of how long they have lived together or whether they have children. If your name is not on the deeds and you are not married, you do not automatically have the right to stay in the property or prevent its sale.
However, this does not mean you are without options. If you contributed financially to the purchase of the property or its improvement, or if there was a shared intention that you would have a stake in the home, you may be able to establish a beneficial interest under trust law and apply to the court for a share of the proceeds upon sale.
This is known as a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), but it is a complex area of law and requires careful legal advice.
In 2025, although discussions have been held about reforming the law to offer cohabiting couples greater protection, no significant changes have been implemented, and the legal landscape remains largely unchanged.
Managing the mortgage: Joint liability risks
A further complication arises if you and your ex have a joint mortgage. Even if you have separated and no longer live together, both parties remain jointly responsible for the mortgage payments.
This means that if one person stops contributing, the other must pay for the entire monthly amount to avoid arrears, and both credit records will be affected if the payments are missed.
Shared liability can be a significant burden for separating couples. As a result, it is essential to reach a quick agreement on who will pay the mortgage during negotiations or while the home is being sold.
If agreement cannot be reached, you may need a court order to allocate responsibility for the payments or authorise the sale of the property to clear the mortgage debt.
What are the alternatives to court? Mediation and negotiation
In 2025, courts and family law continue to encourage mediation as a way to resolve disputes over property and finances after separation.
Mediation enables both parties to meet with a neutral third party to negotiate a mutually agreeable solution, eliminating the need for expensive and lengthy court proceedings.
Mediation can be especially helpful where children are involved, allowing separated parents to reach a workable agreement that balances their needs and the children’s stability.
Solutions can be more flexible than a court order, and agreements reached in a mediation can later be formalised into a legally binding agreement.
When a quick sale is the best solution
In some situations, a quick sale may offer the most practical way forward. If both parties agree that neither can afford to keep the property or if delays are causing financial hardship, a fast guaranteed sale can provide certainty and allow both parties to move on with their lives.
At We Buy Any House, we specialise in purchasing properties quickly, often within just 3 days, or at a timescale to suit you. We handle all the legal costs and paperwork, offering a stress-free alternative to open-market sales, which can take many months and involve chain delays. For divorcing couples looking for a clean break, a quick sale can offer much-needed peace of mind and financial closure.
Frequently Asked Questions
Can my ex make me sell the family house if both our names are on the deeds?
No, if you are joint owners, your ex cannot sell the family house without your consent. However, they could apply to the court for an order to force a sale if an agreement cannot be reached, and the court will decide based on fairness, financial needs, and whether children live in the home.
What happens if my ex owns the house but we are married?
Even if your ex is the sole legal owner, you have rights as a spouse under UK law.
You can register for a Home Rights Notice with HM Land Registry, which prevents your ex from selling or remortgaging the property without your knowledge while you remain legally married.
Do I have to leave the house after we get divorced?
Not necessarily. If you reach an agreement or the court grants you the right to stay, particularly if there are children involved, you may remain in the house for a period after divorce.
However, your Home Rights protection ends when the divorce is final, so you may need to negotiate or seek a court order to continue living there.
Can I stop my ex from selling the family home if we have children?
The court will always prioritise the welfare of dependent children. If children under 18 live in the property, it’s common for the court to delay any sale until they reach adulthood or finish their education, ensuring continuity and stability for them.
What can I do if I’m not on the deeds but contributed financially?
If you’re not married and your name is not on the deeds, but you contributed to the purchase or improvement of the property, you may be able to claim a financial interest under TOLATA (Trust of Lands and Appointment of Trustees Act 1996). You would need to provide evidence of your contributions to pursue a claim.
What happens to the mortgage during separation?
If you have a joint mortgage, both you and your ex remain jointly liable for repayments until the mortgage is settled or transferred, regardless of who lives in the property.
Missed payments will affect both credit records. You may need to agree on payment responsibilities or sell the family house to clear the debt.
Can my ex sell the family house without telling me?
If you’re married and living in the property, your ex cannot sell the family house without your knowledge. Even if your name is not on the deeds, you can protect your position by registering a Home Rights Notice to block a sale without your consent.
If you’re unmarried and not on the deeds, your position is much weaker and legal advice is essential.
How can I buy my ex’s share of the house?
You’ll need to agree on a fair market value for the property and arrange funding, either by remortgaging in your sole name or paying them from savings or other assets.
A solicitor or mediator can help facilitate this process and ensure a clean transfer of ownership.
Can my ex refuse to sell the family house?
Yes, they can refuse if you both own the property, and no agreement is in place. In this case, you can apply to the court for an order for sale. The court will weigh the interests of both parties and make a decision based on fairness, financial needs, and the welfare of any children.
When is a quick sale a good solution?
A quick sale can be a sensible solution if neither party can afford to keep the home, if you need to clear mortgage arrears quickly, or if you want a fast, clean break without the stress of an open market sale. At We Buy Any House, we can purchase your home in as little as 3 days, or on a timescale that suits your situation.
Conclusion
In summary, your ex cannot simply force you to sell the family house without going through the proper legal processes, and your rights depend significantly on the following:
- If you are married
- Whether your name is on the deeds
- If children live in the property
Marriage offers important protections during separation, and courts will always prioritise the welfare of dependent children when making decisions about the family home.
That said, once the divorce is finalised or if you are unmarried and your name is not on the deeds, your options may be more limited, and a sale may become inevitable to achieve a fair division of assets.
The most important thing you can do is to seek specialist legal advice early, register your Home Rights where appropriate, and explore all options for negotiation or mediation before resorting to court proceedings.
If a quick, stress-free sale is the right choice for you, We Buy Any House can provide a fast, secure, and simple solution to help you move on with your life.
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