Forced to sell your home as a result of separation?

By Sarah Oakley

If a relationship ends, one of the most common concerns is whether one person can force the other to leave or sell a shared family home.

If you want to sell and you think your partner will oppose this, always seek advice before voluntarily leaving the home. Once you are out of your property, it can be difficult to return. Your former partner will then control access to the home and its condition. If they do not want to sell, they can make the estate agent’s job difficult.

If there is disagreement about whether to sell the home, the partner wanting to sell can apply to the court using Section 14 of the Trusts of Land and Appointment of Trustees Act 1996. If an application is made, the court must take into account:

• the intentions of the partners
• the purposes for which the home is owned (usually as a home for the partners and any children)
• the welfare of any child who occupies or might occupy the home as his/her home
• the interests of the mortgage company or creditors with debts secured against the home.

If there are no children living at the property, the court will almost always order a sale where one partner wants to sell, and the partners cannot agree a fair buyout. However, if children are involved, the Court will take this into account. In all circumstances, it is important to obtain legal advice at the outset.

For more advice on Dispute Resolution contact Sarah Oakley at Sampson Coward on 01722 410664 or email This email address is being protected from spambots. You need JavaScript enabled to view it.  

By Sarah Oakley