My Partner and I have separated, we jointly own the house, but they are refusing to sell it and I want my share – What can I do?

For unmarried couples, separating can become particularly stressful when a jointly owned property is involved. A common issue arises where one person wants to sell the home and move on, but the other refuses to agree. This can leave people feeling trapped financially and emotionally, especially where mortgage payments, household bills, or childcare responsibilities continue after the relationship has ended.

No such thing as a common law marriage

Unlike divorce cases, there is no such thing as a “common law marriage” in England and Wales. This means unmarried couples do not have the same financial claims against each other simply because they lived together. Instead, disputes about property are usually determined by property and trust law.

If a house is jointly owned, both parties generally have legal rights in relation to the property, regardless of who now lives there or who wants to keep it.

In many situations, one party may wish to remain in the property while the other wants the house sold so they can access their share of the equity. Disagreements often arise because one person cannot afford to buy the other out, or perhaps because there are children living in the home.

Possible solutions

The first step should usually be trying to reach an agreement through discussion, mediation, or solicitor negotiations. Possible solutions may include:

• Selling the property and dividing the proceeds;
• One party buying out the other’s share;
• Agreeing a delayed sale for a temporary period; or
• Reaching arrangements regarding mortgage and household payments in the meantime.

However, where agreement cannot be reached, legal action may become necessary.

Court application

Under the Trusts of Land and Appointment of Trustees Act 1996 (often referred to as TOLATA), an application can be made to the court asking for an order for sale of the property.

The court will consider several factors, including:

• The intentions of the parties when the property was purchased and how it is held;
• The purpose for which the property is held;
• The welfare of any children living at the property; and
• The financial circumstances of both parties.

In many cases, if one owner genuinely wishes to realise their interest in the property, the court can order that the house be sold.

Importantly, jointly owned property disputes can become increasingly expensive and stressful if left unresolved. Mortgage arrears, ongoing bills, and falling communication between former partners can all make matters more difficult over time.

Importance of getting legal advice early

Obtaining early legal advice can help clarify your legal position, assess the strength of your claim, and explore whether matters can be resolved without contested court proceedings which are both lengthy and costly.

Although disputes involving jointly owned homes can feel overwhelming after separation, understanding your legal rights is often the first step towards reaching a practical and fair outcome. Contact the Family team at Browell Smith and Co should you require advice and assistance, call 0191 691 3418 or request a callback.