Can Husband Sell A House Without Wife’s Consent?
Divorces can get messy! But they can get messier if only one of you legally owns the house. If you find yourself shouting aloud, “My partner owns the house–what rights do I have?” or even “It’s my house!”, here’s what you need to do to ensure this sale goes your way.
Joint Ownership of a Home
You may find yourself asking, “When is my partner entitled to half of my home?” Many couples choose to engage in joint ownership of a home, which means that you and your spouse co-own the property. That means that both of you own it, and you have to decide to sell it together. In joint ownership of property between husband and wife, neither you nor your spouse can sell the home without the other. When couples divorce, this often means that you either sell the home and divide the money amongst yourselves, or one spouse will take the house while the other takes a proportionate amount of shared assets.
If You Don’t Have Joint Ownership
My partner is trying to sell the house without my consent, and I don’t own it! What can I do? If you and your spouse do not hold joint ownership over the home, you have to take a different path. If you are not selling, but you need your spouse to move out, they can claim home rights. That is, your spouse can claim that they are legally entitled to live with you because they have nowhere else to go. This must be registered with the land registry to be legal but does prevent both you and your spouse from being thrown out without a moment’s notice. Selling a home with home rights applied to it becomes a little more difficult, and you’ll have to talk to your spouse to be able to sell.
A Deed of Consent and Charge
You may be left asking yourself, “So can a partner sell the house without my consent?” Here’s where housing rights can cause a bit of a hang-up. When a person with housing rights lives in a home, they can only do so as long as the actual mortgage owner also lives there. When a person agrees to a mortgage, they sign what’s known as a deed of consent and charge, which just states that they’re going to be the person living in the house for the term of the loan. If the mortgage owner moves out but leaves behind a person with housing rights, they’re technically in violation of the contract. That means that the person with housing rights must move out before the mortgage owner can leave. It’s perfectly possible, in times like this, to transfer property to a spouse, but make sure you notify your mortgage lender before doing so.
“Can I Sell My House Without My Spouse’s Signature In the UK?”
If you own a home outright, with no joint ownership clauses, you’re perfectly welcome to sell without your spouse’s signature! It’s still probably a good idea to talk it over with them first, but at least you won’t have to worry about who actually ‘owns’ the property. Housing rights in the UK exist, so if you ever find yourself asking, “Can my husband sell the house without my consent in the UK?” just know that as a person, you’re protected by housing rights.
