What Happens If One Person Wants to Sell a House and the Other Doesn’t?

When two people jointly own a property, disagreements can arise if one wants to sell and the other doesn’t.

In England and Wales, a jointly owned property generally cannot be sold in its entirety without the agreement of all legal owners, unless a court orders otherwise.

However, there are several options available to resolve the situation.

Buying Out the Other Owner

One solution is for one owner to buy the other’s share of the property.

This usually involves obtaining a property valuation and agreeing on a fair price for the share being purchased.

If there is an outstanding mortgage, the lender will also need to approve any changes to the borrowing arrangements.

Mediation and Negotiation

Before taking legal action, it’s often worth trying to reach an agreement.

Mediation allows both parties to discuss their options with an independent third party.

Solicitors can also help negotiate a settlement, which might involve agreeing to sell at a later date or arranging a buyout.

Joint Tenants and Tenants in Common

How the property is legally owned can affect the options available.

Joint Tenants: Both owners jointly own the whole property. One owner can usually sever the joint tenancy, changing the beneficial ownership to tenants in common.

Tenants in Common: Each owner has a distinct share in the property, which may be equal or unequal.

Changing the ownership arrangement does not automatically give either person the right to force a sale.

Can a Court Force the Sale?

Yes. If an agreement cannot be reached, a co-owner may apply to the court for an Order for Sale under the Trusts of Land and Appointment of Trustees Act 1996.

The court will consider several factors, including:

• The original purpose for which the property was purchased

• The intentions of the owners

• The welfare of any children living at the property

• The interests of secured creditors, such as mortgage lenders

Depending on the circumstances, the court may order the property to be sold or decide that a sale should be delayed.

Is Going to Court Worth It?

Court proceedings can be expensive, stressful and time consuming.

For this reason, reaching an agreement through negotiation, mediation or a buyout is often preferable.

If you’re facing a disagreement over a jointly owned property, seeking independent legal advice early can help you understand your rights and avoid unnecessary costs.

If both owners agree to sell, Property Auction Agent can provide a free property valuation and explain whether a traditional property auction could be a suitable option.