Guide to Selling A House After Splitting Up In Surrey
By Lewis Sutehall | Created on 17th November 2025
If you are going through the end of a relationship, you will be dealing with a range of emotions while also working through the practical aspects of a breakup. Deciding the next steps in terms of living arrangements and the possibility of needing to sell your home can be difficult to navigate.
Any decisions you make could impact your future financial position, so it is important to understand your options and legal rights, and try to avoid making emotionally driven choices.
Selling your property in Bookham, Cobham or Claygate will be easier when you work with a trusted and supportive estate agent but before you consider putting your home on the market, so here is an overview of your options and rights depending on your circumstances.
What are your options for selling a house after breaking up?
You have a few different options when you jointly own a property and you spilt up. Sometimes the outcome will be decided by the courts, if you cannot agree on a solution that suits you both. If you have children, the family law courts could decide that one party and the children continue to live in the home until the children finish full-time education and then the house is to be sold.
The other two scenarios are that you both decide to sell the property and split the proceeds of the sale to start afresh. Alternatively, one party could buy the other’s share of the property, if they can afford to do so.
How to sell a house after splitting up
The property ownership structure and the legal status of the relationship are key factors in the process of selling a house. And, complications associated with splitting up can become a major reason why your house is not selling. These are the steps to take to depending on different relationship statuses and ownership details:
1. Begin with your legal relationship status
Firstly, look at how your relationship status affects the sale:
Unmarried couple
For unmarried couples, only the owners of the property have automatic rights. If one partner owns the property, the other might be able to claim a financial settlement through a court order if they made financial contributions. If you are in this position, it is recommended to get legal advice regarding your rights and how to proceed.
Married but not yet divorced
If you are married or in a civil partnership but not divorced yet, both parties have legal rights to the property. You would need to mutually agree to sell before the divorce, or wait until the divorce is finalised and the marital assets are split.
Divorce proceedings started
Again, in this scenario you can agree to sell the property between you, or you can wait until the divorce is complete if you cannot agree on how to divide assets and the court will make a financial order.
Divorced with court order
If you have a court order already, then how you proceed will have been decided by the courts.
2. Check property ownership structure
Your rights to the property are determined by the ownership structure:
Joint tenants
If you jointly own the property, for example, you have a joint mortgage with both names on the deeds, then you both have rights to the property. If you go through court, they will decide how to divide assets based on fairness, so it might not be a 50/50 settlement, particularly if there are children involved.
Tenants in common
If the ownership structure is tenants in common, this means that each party owns a share of the property and both owners must agree to the sale. For married tenants in common, the courts can decide to split the property differently to the shared amounts as part of the divorce settlement.
Sole ownership
If the property is solely owned by one party, this means only that party has automatic rights to the property and only they can decide to sell unless a court order determines otherwise.
Unmarried couples: In this case, the non-owner may claim beneficial interest through contributions or promises made and should seek legal advice.
Married couples: It is different for married couples, as the non-owner has “home rights” and can register these with Land Registry to prevent sale without consent.
During divorce: The outcome of divorce proceedings will determine how assets are split, and the court can transfer property or order sale regardless of name on deeds.
…If Joint Ownership
When the property is jointly owned, both parties must agree to sell, or a court order is required to determine whether the house is sold.
If children are involved, it is common to have a Mesher Order which means one partner and the children stay in the family home until the children reach a certain age. Once the children reach that age, the order will usually require the property to be sold or for one partner to buy the other out.
4. Obtain agreement to sell
If both parties agree to sell, then you should put the agreement in writing, including any conditions. The agreement should include an agreed sale price or valuation, details of who is arranging the sale (estate agent or solicitor), and who continues making mortgage payments until the sale goes through.
5. Get property valued
The next step is to get valuations from estate agents. If the two parties disagree on the valuation, then a RICS survey valuation will provide a legally binding value for selling your home. If going through divorce proceedings in court, the court may request a RICS valuation for the property.
6. Agree on division of house sale proceeds
The division of the house sale proceeds will be determined by the relationship status and ownership structure as detailed in the sections above. Equally, the proceeds may be divided according to any active court order.
7. Instruct estate agent & conveyancing solicitor
You will both need to agree on which estate agent and conveyancing solicitor to use for selling your home. If you are joint owners, you will both sign the agency agreement and agree on a minimum sale price.
Another factor you will need to agree on is who will be overseeing any property viewings and liaising with the estate agent regarding times of viewings. You will need to agree whether you are jointly accepting offers or one person is working with the agents to accept an offer, provided it meets the minimum sale price agreed.
9. Exchange & Complete
Once an offer has been accepted, both parties will then sign the transfer deed (TR1 form) to help complete the transaction.
10. Distribute Sale Proceeds after selling house
After the house is sold, your solicitor(s) will pay off any mortgage remaining on the property and pay any fees before the sale proceeds are distributed as agreed by the parties or the court.
Selling a house after splitting up – common questions
Can I force my ex-partner to sell our jointly owned house if we’re not married and they refuse?
If you jointly own the property, both parties must agree to the sale. You may be able to force your ex-partner to sell through a court order.
How do we split the house sale proceeds when one partner paid more of the deposit but we’re both on the title deed?
If one partner paid more deposit, you may have a Declaration of Trust that outlines how the sale proceeds are split. If not, the court may determine that there is beneficial interest for the partner who paid the larger deposit if there is proof of the contribution.
Who pays the mortgage while we’re waiting for the house to sell after separation?
Both parties are still responsible for paying the mortgage until the sale goes through, regardless of who is living in the property. However, you may agree an arrangement where one pays the mortgage.
What happens if my ex wants to buy me out of the house but can’t get a mortgage on their own?
If your ex partner cannot afford to buy you out of the house, you can try mediation to try and encourage them to agree to sell. If they cannot get a mortgage approved, then you can apply for a court order to try and sell the property.
Can I sell our house before the divorce is finalised and how will it affect the financial settlement?
Yes, it is possible to sell your house in a divorce before it is finalised if both spouses agree, and the sale proceeds will be treated as joint funds in the financial settlement.
Do we need a solicitor to agree on dividing house sale profits if we’re unmarried co-owners?
No, you do not need to use a solicitor if you are both in agreement with selling the house and how the proceeds are divided. However, if there are any details you don’t agree on, it is better to use a solicitor to clarify how the profits are split.
What are the capital gains tax implications of selling a jointly owned property after moving out due to separation?
You will usually qualify for Private Residence Relief and won’t need to pay CGT. However, it depends on how long it takes to sell, if you sell within nine months of living in the property, you are not liable for CGT. You may be liable for paying some CGT if it takes longer than nine months to sell.
How do we handle house viewings and estate agent dealings when we can’t communicate civilly after breaking up?
There is no requirement for you to communicate with your ex-partner, and you can ask estate agents and solicitors to contact you both to make arrangements and conduct viewings on your behalf.
Can my ex-partner legally change the locks and stay in our joint property while refusing to sell?
Your ex-partner is not legally allowed to change the locks unless a court order is in place that grants this, for example, if there is a restraining order.
What happens to our house sale if one partner declares bankruptcy during the separation process?
If you jointly own the property, your share is still yours and their assets will usually be transferred to a trustee in bankruptcy. Generally, the trustee will want to sell the property so that they can recover money for creditors from the proceeds of the house sale, but you will get your share of the proceeds.
Understand how to sell your home after splitting up?
Selling your house after splitting up can be a complicated process and using an experienced estate agent will help you to navigate the steps involved. If you are selling a property in Esher, Hinchley Wood or Thames Ditton, we can help. Contact us today to book a valuation.
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Lewis Sutehall
I’ve been with Davies Property Partners since March 2018, albeit it feels like I’ve always been here. I started my career in agency in 2007, all of which has been based in Elmbridge. My passion for property started at a young age, and I would often work in construction between school terms. I consider myself very fortunate to be working in an area with some wonderful homes. These homes are often made wonderful by the people and families living in them. Property is such an exciting industry, but is one which often comes with its stresses. Whether you’re dealing with someone’s first purchase, upsizing, downsizing or simply changing areas. Every transaction is of the greatest importance and needs the right care, skill, knowhow and above all experience. It’s a wonderful feeling to help achieve the best result for our clients or advise those buying. I feel flattered every time someone comes to me for my advice or opinion. I am always here to help!
