Owning a home with another person, whether it’s a spouse, partner, family member, or friend, can be a positive arrangement. However, it can become complicated if circumstances change. Disagreements over what to do with the property, especially if one person wants to sell and the other doesn’t, can lead to tough questions. One of the most common questions is: Can you be forced to sell your half of the house?
In the UK, this situation is not uncommon, and the answer depends on the legal structure of ownership and other circumstances. Let’s explore this in detail to give you a clearer understanding of your rights and options.
Joint Ownership: The Legal Framework
In the UK, most homes owned by more than one person fall under one of two types of ownership:
- Joint Tenancy: This is where both (or all) owners have equal rights to the entire property. In the event one of the joint tenants dies, the other automatically inherits their share. The shares in the property are not split into percentages but are shared equally.
- Tenants in Common: This type of ownership divides the property into separate shares, which may be equal or unequal, depending on what was agreed upon at the time of purchase. In this arrangement, each owner can leave their share to someone else in their will, and the property does not automatically transfer upon death.
In both types of ownership, disagreements about what to do with the property can arise. This leads to the question of whether one party can force the sale of the house, or if you, as a co-owner, could be compelled to sell your share.
What Happens When One Party Wants to Sell?
If you are a joint tenant, selling your share can be tricky because the ownership isn’t divided into percentages. All joint tenants own the whole property together. Therefore, one joint tenant cannot unilaterally decide to sell their “half” of the property, as their share is not separated from the other owners’. In this case, negotiation or legal action may be required if you want to be removed from ownership.
If you are a tenant in common, it’s a bit more straightforward because your share is separate from the other owner’s. However, even with this arrangement, you can’t simply sell your half without the consent of the other party, unless certain conditions are met or legal intervention is pursued.
Can You Be Forced to Sell Your Half of the House?
In some cases, yes, you can be forced to sell your half, but this is usually a last resort. The co-owner(s) may apply for an “order for sale” through the courts if no agreement can be reached. This is more likely to happen in situations where one party is in financial difficulty, wants to sell the house to release equity, or if the relationship between the owners has broken down beyond repair.
What Is an Order for Sale?
An order for sale is a legal decision made by the courts that mandates the sale of a property. If you or the co-owner want to sell and cannot come to an agreement, the party wanting to sell can apply to the courts for this order. If the court approves the application, the property will be sold, even if the other party does not want to sell.
The court will consider various factors before granting an order for sale. These include:
- The intentions of the parties when they purchased the property
- Any formal agreements made between the owners
- The financial circumstances of both parties
- The presence of any dependents living in the property
- Whether either party has alternative accommodation options
- Any significant changes in personal or financial circumstances
Typically, courts are reluctant to force a sale unless there is no other reasonable solution. They may encourage alternative routes, such as one party buying out the other’s share of the property or agreeing to sell the home after a set period.
Negotiating a Solution
Before turning to the courts, it’s often best to try and resolve the dispute amicably. Here are some common solutions that can help you avoid being forced to sell your share:
- Buying Out the Other Party: If one party wishes to keep the house, they could buy out the other person’s share of the property. This can involve refinancing the mortgage to release funds to pay for the other person’s equity. If you’re thinking of doing this, it is advisable to first speak to a mortgage broker to determine how much you can afford to borrow.
- Selling Your Share: In cases of tenants in common, you might be able to sell your share of the property to a third party, although this can be difficult without the consent of the other owners. Finding a buyer willing to purchase only part of a property is also challenging.
- Compromise: If one party wants to stay in the house for a little longer (for example, to wait for a child to finish school or until they are in a better financial position), a compromise may be reached where the house is sold at a later date, with an agreement in place about how the sale proceeds will be split.
- Mediation: If negotiations stall, seeking mediation from a professional can help both parties come to an agreement without involving the courts. Mediators are skilled in helping parties reach a mutually beneficial solution and can often prevent costly and lengthy legal battles.
What to Do if You’re Facing an Order for Sale
If your co-owner applies for an order for sale and you want to avoid selling your share of the property, it’s essential to seek legal advice immediately. A solicitor who specialises in property law can help you understand your rights and explore your options.
Sometimes, challenging an order for sale might be possible if you can demonstrate that selling the property would cause undue hardship or if there are other alternatives that haven’t been explored.
Key Takeaways
- If you co-own a property in the UK, disagreements about selling it can lead to legal disputes.
- You cannot be forced to sell your share of the property without a court order, but a co-owner can apply for an order for sale if no agreement can be reached.
- Courts will consider various factors before deciding to force a sale, and they will often encourage alternative solutions first.
- Negotiating or using mediation can help resolve the situation without going to court.
- If you’re facing legal action, seeking expert legal advice is crucial.
Conclusion
While it’s possible to be forced to sell your half of the house through an order for sale, the process is not automatic. Courts often favour negotiated solutions and may encourage you to explore other options before ordering a sale. If you’re concerned about your property ownership rights, it’s always a good idea to consult with a legal professional to understand your position fully.
