How does it work when selling a house due to separation

[90sCliche]

Separated from ex 2 and a half years ago. I stayed in the house with our daughters and he moved out to rent.

Now that there's no stamp duty am thinking seriously about selling and having a fresh start. The thing that puts me off is that it will be really complicated to sell, buy something new and make sure ex gets his share of the equity.

Can anyone explain how it will work? Or assure me that it won't be as bad as I imagine. Ex and I usually get on well but he is very funny about money.

He should be motivated to sell if he’s currently renting and the sale would mean him getting equity and being able to buy.

I think it depends how you bought the house i.e. tenants in common or joint tenants.

Joint tenants = split 50/50
Tenants in common = likely to have unequal shares specified at the time you bought the house

Thanks. We're joint tenants. I think he should want to sell and get the cash but you never know. Just worried solicitors etc will be a nightmare (and extra expensive).

Hi OP, I sold my house last year after my partner and I split up. It was very amicable, which helps, but it went really smoothly. We were tenants in common so our solicitor apportioned the equity and gave us the different amounts owing. It was no more expensive than a regular sale. I would recommend you spend some time finding a good conveyancer, as that really helps reduce stress. Of course you both want to maximise your equity, but the difference between one of the conveyancing houses and an independent firm is about £600 and that is money well spent in my opinion.

Good luck; it’s a stressful period but you will come out the other side. My ex and I have both bought our own properties now and are still on good terms.

Have you don't a consent order to say how much he will get when sold?

If you haven't he could still come back after and ask for more.

Could you get some advice from a mortgage broker first? See how much you can borrow, perhaps you could buy him out?

Some legal advice would be a starting point too, depending on if you were/not married.

Order of consent is in place to say that any equity is split 50:50 and fees incurred are split 50:50.

Had a mortgage meeting and have the ability to move to something on my own with my half of the equity. Don't really want to buy him out as the house is beginning to need work doing to it and after buying him out I'd be left with nothing to do that work with. Also would like a fresh start rather than him dropping the kids back and making comments about things I've done to it.

Paying my ex the equity was sorted by solicitors on completion of the remortgage. It was relatively simple.

I did have to provide things like copy of consent order and marriage certificate so you may want to get them sorted in advance.

Now is a good time for both of you to buy given stamp duty holiday.

It sounds clean - why would he block it? Go for it.

It sounds like you’re in a great position then. What’s the concern?