Can I sell the house if my ex won't agree?

Can one owner sell a jointly owned house alone?

No. A transfer of a registered property has to be signed by every registered owner, so a conveyancer cannot complete a sale without both signatures. That is a protection as much as an obstacle, because it also means your ex cannot sell it without you.

What one owner can do is start the process that forces the question. That looks different depending on whether you were married.

Does it matter whether we were married?

It changes the whole route. For married couples and civil partners, the family home is one asset inside a financial settlement, and GOV.UK sets out that you either agree the split and apply for a consent order to make it binding, or ask a court for a financial order if you cannot agree.

For unmarried couples the rules are different, and GOV.UK says so directly. There is no financial settlement to fall inside. The question becomes who owns what share of the property, and the court route is a claim under the Trusts of Land and Appointment of Trustees Act 1996.

What is a TOLATA claim, and would a court order a sale?

TOLATA is the Trusts of Land and Appointment of Trustees Act 1996. Section 14 lets any trustee of land, or anyone with an interest in property held on a trust of land, apply to the court for an order, including an order about how the property is dealt with and a declaration of the size of each person's share.

The court is not obliged to order a sale. Section 15 lists what it must weigh, and the wording is worth knowing before you spend money on a claim.

• The intentions of the person or persons who created the trust.
• The purposes for which the property is held.
• The welfare of any minor who occupies, or might reasonably be expected to occupy, the land.
• The interests of any secured creditor of any beneficiary, which in practice usually means the mortgage lender.
• The circumstances and wishes of the adult beneficiaries entitled to an interest in possession.

That third point is why a parent living in the house with young children is in a stronger position than the bare deeds suggest. It is also why two people in identical-looking situations can get different answers.

What is severing a joint tenancy, and should I do it?

Joint tenants own the whole property together, and GOV.UK explains that if one dies their share passes automatically to the survivor and cannot be left in a will. Tenants in common hold defined shares, and each can leave their share to whoever they choose.

Severing a joint tenancy converts the first into the second. It is done by serving a notice of severance and registering a Form A restriction with HM Land Registry using form SEV, and GOV.UK confirms you can change from joint tenants to tenants in common at no cost.

Severance does not force a sale and it does not change who owns what percentage. What it protects is where your share goes if you die before the dispute is settled.

Severing a joint tenancy is not an act of war. It is the paperwork equivalent of writing down where your half goes if the worst happens before this is sorted out.

What should I do before going anywhere near a court?

1. Keep the mortgage paid. Arrears damage both your credit files and weaken your position, whichever of you is living there.
2. Get the property valued properly, and get more than one opinion. Almost every negotiation and every buy-out calculation starts from a value, and an unrealistic figure on either side is the most common reason these stall.
3. Work out whether either of you can afford to buy the other out, using real lending figures rather than an estimate.
4. Put every offer and every response in writing. Courts expect to see that you genuinely tried to settle.
5. Try mediation. Court proceedings are slow and expensive, and a judge can penalise a party on costs for not having explored alternatives.
6. Take advice from a solicitor before issuing anything. This article is general information, not advice on your own case.

What is normal here, and what needs attention?

• Normal: months of no progress while both sides work out what they want. This is slow for almost everybody.
• Normal: two very different opinions about what the house is worth. That gap is usually the real dispute wearing a costume.
• Normal: one of you wanting to stay and one wanting out. Buy-outs are the most common ending, not forced sales.
• Needs attention: mortgage payments being missed while the argument runs.
• Needs attention: one owner spending money on the house and assuming it will be credited back later. Get the position agreed in writing first.
• Needs attention: months passing with nothing recorded. If this ever reaches a court, the written trail is what you will be judged on.

Where does a valuation fit into this?

Earlier than most people think. Whether the ending is a sale or a buy-out, the number the house is worth is the figure everything else is calculated from, and getting it from one source gives the other side an obvious reason to reject it.

ValuQ gives UK homeowners free, side-by-side property valuations from competing local estate agents, and your name and number stay private until you choose to connect with one. If you are separating and would rather not have agents phoning the house, that matters more than usual.