Separations and Property Sales
Going through a separation or divorce is a very stressful time and can take a huge toll on our finances. Whilst dealing with the initial emotional challenges, we tend to forget the difficult financial and legal issues which are yet to commence.
The outcome of your property should solely depend on the decision you and your ex-partner make. The decision could any of the following;
- One of you remains in the property
- One party buys the other out
- You both prefer selling up completely and sharing the capital
Unfortunately, these intense situations are not always as straightforward as either party would like though help can arrive via legal professions who can help ensure the settlement is fair.
Can my Ex Sell the House?
Your ex partner may try to force or persuade you out of the property, but they are in no legal position to do so. Until a divorce has been finalised both parties have a legal right to be at the property, even once the divorce has been completed you are not obliged to sell the property.
Whether one party has left the property and there are children residing there who are under the age of 18, most legal bodies will grant the remaining parent the right to remain at the property. When no children are involved, legal representatives will usually state that selling the property and splitting the capital so that both parties can benefit is a fair option.
Joint Mortgages & Divorces
Joint mortgages which are still outstanding can be difficult and tricky during a divorce or separation. While a divorce is going on, the mortgage payments still need to be paid irrespective of who is or isn’t at the property as both parties are still liable for the monthly repayments. By making your mortgage payments you can avoid negative markers on your credit file.
Whether you are going through a divorce or separation it is best to let your mortgage provider know about what is going on even if you are not going to struggle with payments as they are more likely to be understanding if you are honest with them from the start. Many mortgage providers will offer you a payment holiday or even allow you to have some breathing space whilst the divorce is going on.
If you are going through a divorce and have a joint mortgage there are three main options which are;
- Sell the property and move
- Keep the property and pay the mortgage
- Ask the lender if one of you can be removed from the mortgage
Selling after a Divorce
When selling your home as a result of a divorce or separation whether this be a mutual decision or a decision made by the courts, the following should be considered by both parties;
- What is the property worth?
- Do you have somewhere else you can live?
- Which method of sale is best suited for you?
If you are looking for a quick, simple and stress free sale, then the best route to consider would be contacting Hamilton Paige. We can buy your property within 48 hours and at a fair market rate. We can pay your legal fees and arrange other benefits which will help with any decision you make. We are proud of our considerate and caring level of service which will help you turn the page and start a new chapter.
Hamilton Paige provides a quick and hassle free service. You will not be involved in a chain and you will not have the uncertainty of a buyer dropping out from the sale. You can call us on 020 8175 6977 or email us info@hamiltonpaige.com or use the contact page for more details. Tips on selling your home quicker.

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MORTGAGE ARREARS: If you have an urgent financial situation which may lead to the sale or repossession of your property, we will work with you to solve or contain the problem, as this buys you time to consider your options. Our primary goal is to keep you and your family at home. READ MORE.
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