In short
A jointly owned home can only be sold with both owners' agreement, or a court order. Agree in writing who chooses the agent, the asking price, the lowest acceptable offer and how proceeds are split before the house goes on the market. Use one conveyancer for the sale, and let family solicitors handle the financial settlement separately.
Last updated . Reviewed by FindYourAgent editorial.
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Before you list
Disagreements after an offer arrives are what kill these sales.
- Check how you own the property on the Land Registry title: joint tenants or tenants in common. It affects how proceeds are split.
- Agree in writing: the agent, the asking price, the lowest offer you will both accept, and who handles viewings.
- Ask the lender for a redemption statement showing what is owed and any early repayment charge.
- If you are divorcing, ask your family solicitors whether the sale should wait for, or be written into, a financial consent order.
- Decide who pays the mortgage, insurance and bills until completion.
During the sale
Both owners must sign the contract and transfer deed.
- Give the agent and conveyancer both owners' contact details and ask them to copy both of you on every update.
- Fill in the TA6 property information form together, or check each other's answers. Both owners are responsible for them.
- Tell the conveyancer about any disputes that could delay signing.
- If one of you has moved out, check the home insurance still covers an unoccupied property.
On completion
The conveyancer pays off the mortgage and costs first, then splits what is left.
- Confirm in writing how the conveyancer should split the net proceeds, matching any court order.
- Each owner supplies their own bank details and proof of identity.
- Keep the completion statement — you may need it for the financial settlement.
If one owner wants to buy the other out
That is a transfer of equity, not a sale. It needs the lender's agreement, a valuation, and a conveyancer, but no estate agent. Stamp Duty is not normally due on transfers between spouses or civil partners made under a divorce or separation agreement; check the GOV.UK guidance for your situation.
Our take
Agree the lowest acceptable offer before the first viewing. It is far easier to agree a number in the abstract than to argue about a real buyer's offer with the clock running.
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