# A Guide to Selling Due to Divorce or Separation

## Introduction
Selling a home due to the end of a relationship is one of the most emotionally challenging property transactions. We understand the sensitivity involved and are committed to acting with discretion, impartiality, and professionalism throughout.

## Your Options

### 1. Sell the Property and Divide Proceeds
- Most common outcome
- The split is agreed between the parties (or ordered by the court)
- Not always 50/50 — depends on circumstances, contributions, future needs, and any children

### 2. One Party Buys the Other Out
- The remaining partner remortgages the property in their sole name
- The departing partner receives their agreed share
- Requires the remaining partner to qualify for a mortgage alone
- A "transfer of equity" is processed by a solicitor

### 3. Mesher Order (Deferred Sale)
- The court orders the sale to be postponed until a "trigger event"
- Common triggers: youngest child turns 18, the occupying partner remarries, or a set date
- The non-occupying partner retains their share but cannot access it until the trigger event

### 4. Martin Order
- Similar to a Mesher order, but one party has the right to live in the property indefinitely (or until specific conditions are met)
- Less common, usually where one party has greater need for housing security

## The Selling Process

### Choosing an Agent
- Both parties should agree on the estate agent
- The agent acts for both parties equally — complete impartiality
- Both parties should be kept equally informed of viewings, feedback, and offers
- If parties cannot agree, the court can appoint an agent

### Pricing the Property
- If parties agree on value, a standard market appraisal is sufficient
- If parties disagree, commission an independent **RICS Red Book valuation** — this carries weight in court proceedings
- Avoid undervaluing or overvaluing to benefit one party — the agent has a duty to be honest

### Viewings and Access
- If both parties still live in the property, coordinate carefully
- Agree a viewing protocol: who will be present, how much notice is required, what happens to personal items
- If one party has moved out, ensure the remaining party cooperates with viewings — obstructing viewings can result in court action

### Communication
- Agree upfront: does the agent communicate directly with both parties, or through their respective solicitors?
- All offers must be presented to both parties
- Neither party can accept or reject an offer unilaterally (unless the court has ordered otherwise)

## Legal Considerations
- **Joint mortgage:** Both parties remain jointly and severally liable until the mortgage is repaid or transferred. This means both credit scores are affected by any missed payments.
- **Tenants in common vs joint tenants:** How the property is held affects what happens to it. Your solicitor will advise.
- **Court orders:** If no agreement can be reached, either party can apply to the court for an order for sale under TOLATA (Trusts of Land and Appointment of Trustees Act 1996).
- **Capital Gains Tax:** Transfers between spouses/civil partners in the tax year of separation are CGT-free. After that, normal CGT rules apply.

## How We Help
- Complete discretion — the reason for the sale is never disclosed to buyers or neighbours
- Impartial service to both parties
- Clear, regular communication to keep the process moving
- Sensitivity and understanding throughout