If the property you hold is in joint names with a spouse or other family member, and if the other differs, you may wonder what right you possess to sell it. It is a litigated subject, especially if you are divorced or separated from a spouse; the house may be the biggest asset of you two; one may be keen to sell it, and the other may be on the other page. The solution to this issue is a bit tricky.
In a specific situation, you can sell the property without the consent of the spouse, but only when you are the sole legal title holder of the property. In that capacity, you can rent, renovate, and sell the property without the consent of other parties, including the spouse.
The difference
If the name of your spouse appears in mortgage payments and/or in the title of the land, there is a vast difference. If the name of the other party is in mortgage repayment, that implies he/she is also responsible for the repayment of the loan. It does not naturally imply he/she is the legal owner of the property. If the name of your spouse is omitted in the title deed of the said property, you can sell it forthright without consent. To know your legal rights and to sell the property, visit https://www.thepropertybuyingcompany.co.uk/.
Occupancy order
But even if you are the only permissible holder of the property, your spouse can caveat the sale process of the chattel. Your spouse can file an affidavit for living right in the property that debars you to sell it for the given time. If such a situation arises, the Land Registry will contact you to know your viewpoint. Consult a lawyer and try to redeem your legal right, and proceed with sale proceedings. On the other hand, if your spouse contributed towards purchasing and construction of the house, then they can submit an application for an occupancy order. If it is granted, you will not be able to sell the said property. If the learned court finds they have established interest in the property, then the sale proceeding would be divided between two.
Options
If you two are joint owners in the sale deed, then one party could not sell the property without the consent of the other. You can send them an offer letter stating you are willing to buy their share and appoint an independent valuator to assess the fair price. You can agree to sell the property at an established price and proportion. If your spouse disagrees with the above two conditions, then you can apply for a partition deed and sell your portion. But the course is time-consuming and expensive. If possible, try to settle the matter, as it would save a lot of resources and time.
If you are seeking an agreeable solution and selling the property fast, then log on to https://www.thepropertybuyingcompany.co.uk/. They are willing to buy any property, and the transaction could be completed within a week. You can sell the property if you are the sole legal owner of it or possess a consent letter from your spouse. If you want an estimated price of the property, they will furnish it within twenty-four hours.
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