Selling a House When an Unmarried Couple Splits Up (2026)

By Lisa Hayes · 5 October 2026

If you and your partner aren't married and you've split up, you can sell a jointly owned home only if you both agree, and the proceeds are split according to who actually owns what, which is not automatically 50/50 and has nothing to do with how long you were together. If you can't agree, either of you can ask a court to order a sale under section 14 of the Trusts of Land and Appointment of Trustees Act 1996. The cheapest, quickest route is almost always a negotiated sale or buy-out, agreed in writing before anyone lists anything.

I've written this one because the unmarried case is the one that catches people out. With a married couple, there's a well-worn path through divorce and a financial order. With an unmarried couple there's no equivalent, so the property law does all the heavy lifting, and it was never designed to be kind. Let's go through the questions you're probably asking, roughly in the order they arrive.

Do unmarried couples have any rights to a shared home in the UK?

Some, but fewer than most people assume. Living together for ten years, having children, sharing a surname: none of it creates marriage-style rights. What you have instead are property rights, which depend on who is on the legal title, what was agreed (written or otherwise) and who paid for what.

There are three common set-ups, and which one you're in decides almost everything:

• Both names on the title deeds. You're both legal owners, and nothing can happen to the property without both of you signing.
• One name on the title. That person is the legal owner and can, on paper, sell without asking. The other partner might have what lawyers call a beneficial interest, but it needs proving.
• Both names on the title, but one of you is the only person paying the mortgage (or paid the whole deposit). The title looks equal; the facts may not be.

You can check which one you're in for about £7 by downloading the official copy of the register from HM Land Registry (it's quick and online). Do it before you do anything else. The register shows the owners' names, any mortgage, and any restrictions placed on the title. A restriction can quietly tell you that somebody has already thought about this.

What's the difference between joint tenants and tenants in common, and why does it matter now?

It matters more than you'd think, and nearly everybody forgets they ever chose.

The government's own guidance on joint property ownership sets out the basic split. As GOV.UK explains, as joint tenants you have equal rights to the whole property, and if one owner dies the property passes automatically to the survivor. You can't leave your share in a will. As tenants in common, you can hold unequal shares, and your share passes through your estate, so you can leave it to whoever you like.

Most couples buy as joint tenants because the conveyancer ticked a box and the happy couple said "yes, fine". Then the relationship ends and nobody has changed anything. That has two consequences:

• If one of you dies before the sale completes, the survivor gets the lot. Your ex could end up owning 100% of the house, and your family gets nothing. If you've split up and expect the sale to take a few months, that is worth fixing immediately.
• Joint tenancy tells the world nothing about how the money is divided. It describes how the property passes on death, not how the sale proceeds are shared. People mix these two things up constantly.

The fix is called severing the joint tenancy, which turns you into tenants in common. GOV.UK confirms there's no fee to change from one to the other. You can do it unilaterally by serving a written notice on your co-owner (a conveyancer will draft it), and you can then apply to HM Land Registry using Form SEV. It doesn't need the other person's agreement, and it doesn't stop the sale.

Who owns what share if we're both on the deeds?

Start with the register. If it says "tenants in common in equal shares" or if there's a declaration of trust anywhere (usually in the transfer document from when you bought), that's your answer, unless something has changed since.

If there's nothing in writing, the courts use a decades-old body of case law. The Supreme Court's decision in Jones v Kernott [2011] UKSC 53 is the one conveyancers and family lawyers quote. The court's own press summary says that where a family home is bought in joint names, the starting presumption is joint beneficial ownership, which reflects the emotional and economic commitment of a joint enterprise. That presumption can be displaced by evidence that you didn't actually share the same intention, and that's more readily shown where you didn't share your finances.

In that case the court gave Mr Kernott a 10% share of the house and Ms Jones 90%. The couple had separated in 1993, he'd stopped contributing, and he bought another property in 1995. The point to take from it isn't the numbers. It's that the starting position of equal ownership can move a very long way, but only where there's solid evidence of what the two of you really meant, and only after litigation reaching the highest court in the land.

The earlier case, Stack v Dowden [2007], went a similar way: a couple in joint names, one who had contributed far more, and a result that wasn't 50/50. The lesson is the same. Joint names start you at equal. They don't guarantee it.

Practically, that means:

• If you both agree on 50/50 (or any other split), write it down and sign it. Nobody needs a judge.
• If you disagree and the facts are close, expect the argument to cost more than the disputed difference. A contested property trust case is not cheap.
• If one of you put in the whole deposit, or one of you is the only person who ever paid the mortgage, take advice before you sign anything. The facts may well favour you, or your ex.

What if the house is only in my name, or only in theirs?

If you're the sole legal owner, you can generally sell without your partner's signature. Unmarried partners don't have the "home rights" that a spouse or civil partner has under the Family Law Act 1996, so there's no automatic right to register a notice and block the sale.

But "can" isn't "should". If your partner has contributed to the purchase, paid towards the mortgage, or paid for major building work on the understanding they were buying into the house, they may have an equitable interest, and they can claim it. Their solicitor can also ask the Land Registry to place a restriction on the title, which will stop a conveyancer completing the sale without dealing with the claim. A sale that completes over the top of a valid claim can come back to haunt the seller later, and sometimes the buyer.

If you're the partner who isn't on the title, you're in the weaker position, however many years you've lived there. You need to prove an agreement, a common intention that you'd share the house, and that you relied on it. That generally means texts, emails, bank statements, receipts for the kitchen you paid for. Start collecting now. And if you're about to be asked to leave, speak to a solicitor immediately, not once the "For Sale" board is up. (The guide on selling without a spouse's signature covers the married-couple version of this, which is different, and worth reading for contrast.)

What are my options when we can't live together but we own a house together?

There are really five, and it helps to see them side by side before you pick one.

My honest view: courts are a last resort, and most solicitors will tell you so too. The vast majority of unmarried couples who separate end up in the first or second row. If you can have that conversation without a mediator, brilliant. If you can't, use one. Mediation is much cheaper than litigation and, unlike a court, it lets you both walk away with a result you chose.

Can one of us force the other to sell the house?

Yes, but only through the courts.

Either co-owner can apply under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (known as TOLATA) for a declaration of what each person owns and an order for sale. As Shelter's legal guidance for professionals sets out, when deciding what to order, the court has to weigh up the intentions of the people who created the trust, the purpose for which the property is held, the welfare of any child under 18 who lives in the home or might reasonably be expected to, and the interests of any secured creditor such as the lender. The court can order a sale straight away, or postpone it on conditions, for example until a child turns 18.

That last point is the one that surprises people. If the house was bought as a family home, and there are children living in it, a judge won't necessarily order an immediate sale just because one of you wants out. Postponement is a real possibility, and it can run for years.

The other thing to know is that TOLATA claims take time. Expect months, not weeks, and a bill that can reach five figures for a contested hearing. I've seen couples spend more on lawyers than the dispute was worth. If you're considering it, ask your solicitor for a realistic range of outcomes and a realistic cost, in writing, before you issue.

For the nuts and bolts of what to do when a co-owner is digging in, our guide on what to do when a co-owner won't sell goes further.

What happens to the mortgage when we split up?

This is where the practical pain sits, so slow down for a minute.

If you took the mortgage together, you're almost certainly jointly and severally liable. That's a technical way of saying the lender can chase either of you for the whole amount, not just your half. It doesn't matter whose name appears first, or who has been paying. If your ex stops paying, the lender will come to you. Missed payments land on both credit files.

You can't simply take your name off. A lender must agree to release anybody, and it will only do so if the person left holding the mortgage passes affordability on their own. Many don't. For the mechanics of how that works, we've covered it in depth in how to remove a name from a joint mortgage.

A few things worth doing straight away:

1. Ask the lender for a redemption statement. That's the figure that must be paid to clear the mortgage on a given day. Without it you can't calculate what's left to split.
2. Check for early repayment charges. If you're on a fixed rate, selling may trigger a charge. Our guide to the early repayment charge shows how it's calculated and when you might be able to port instead.
3. Keep paying. Even if it feels unfair. A missed payment damages both of you, and arrears make the property harder to sell.
4. Don't stop contributing without agreeing it. If you stop paying and move out, you weaken your own case on the split.

If the sale price won't cover the mortgage, you're in negative equity and everything changes. We cover that in selling a house in negative equity, and if arrears have already started, our repossession guidance is worth reading before you do anything else.

How does a buy-out work, and what does it cost?

A buy-out (also called a transfer of equity) means one of you takes over the property and pays the other for their share. It's the right answer when one partner genuinely wants to stay, usually because of children or work.

The sequence is:

1. Agree the value. Get a proper valuation, or two. A free valuation from a local agent is a start, but a RICS valuation is stronger if there's any dispute.
2. Agree the share. Work out how much equity the leaving partner is owed after the mortgage is deducted.
3. The staying partner applies to remortgage in their sole name for enough to pay that share and clear the old mortgage.
4. Solicitors prepare a TR1 transfer, and an AP1 application goes to HM Land Registry. Our TR1 guide explains the form.

The cost to watch is stamp duty land tax (SDLT). It surprises people because no money seems to change hands. MoneyGuide's explainer on transfers of equity sets out the HMRC position: taking on a share of the outstanding mortgage counts as payment for SDLT purposes. If you become an equal owner, HMRC treats you as taking on 50% of the outstanding mortgage. On current GOV.UK rates, the first £125,000 is taxed at zero, the next slice up to £250,000 at 2%, and the slice up to £925,000 at 5%. The same source notes that divorce-related transfers are exempt, but that exemption is for married couples and civil partners. An unmarried couple doesn't get it.

Practically, that means a transfer of equity where the person taking over assumes mortgage debt above £125,000 may bring an SDLT bill, and the return and payment are due within 14 days in England. If the debt assumed is below the nil-rate band, there's normally nothing to pay. Run your own numbers against the current GOV.UK residential rates and ask the conveyancer to confirm in writing before you commit. Also budget for Land Registry fees, legal fees on both sides (the leaving partner should have their own solicitor, not share one) and any lender fees on the new mortgage.

One more trap. If the leaving partner is going to buy somewhere else while still on the old mortgage, the 5% higher-rate surcharge for additional homes can apply to their purchase. Tell their solicitor early. It's a nasty surprise at the last minute.

Should we sell on the open market or to a cash buyer?

It depends on what matters most: price or certainty. That's the whole trade-off, and I'd rather lay it out than pretend there's one right answer.

A cash sale flips that. It's quicker and more certain, because there's no mortgage valuation, no chain and a completion date you can pin down. It's also usually at a discount to what a patient open-market sale might achieve, which you'll want to weigh against several more months of tension and bills. For a couple who can't be in the same room, that trade is sometimes well worth making. For one who can still communicate, probably not.

Two caveats from experience. First, both of you must agree to the offer, because both of you must sign the contract and the transfer. A cash buyer can't get around a reluctant co-owner, and if anyone tells you otherwise, walk away. Second, always compare more than one offer. The spread between cash buyers is wide. That's the reason we built the find a buyer tool, and why our best house buying companies comparison exists. If the property has its own problems, say a short lease or non-standard construction, the guide to selling an unsellable house is the place to start.

What if we have children and one of us is staying in the house?

The law cares about this, and so should you.

If children live in the home, then, as the Shelter guidance above notes, the court has to consider their welfare when it decides whether to order a sale or postpone it. That doesn't mean the house can never be sold. It means a judge may allow the resident parent to stay until the youngest finishes school, for instance, with the sale then going ahead.

You can build the same thing into a voluntary agreement and avoid court entirely. A typical deferred sale agreement says:

• who lives in the property and who pays the mortgage, insurance and repairs in the meantime;
• the trigger for sale (a date, a child's 18th birthday, the resident parent remarrying or moving in a new partner, or a refinancing opportunity);
• how the proceeds will be split at that point, and whether the resident parent gets a larger share to reflect the mortgage they've covered;
• what happens if mortgage payments are missed.

It should be a proper deed or trust document, drafted by a solicitor. A promise over a cup of tea isn't. And check with the lender: if both names are still on the mortgage, the lender needs to know and sometimes needs to consent.

Separately, child maintenance and any property transfer for a child's benefit can be dealt with under the Children Act 1989. A solicitor can tell you whether that route makes sense in your situation. It's a niche corner of the law, and not one to Google your way through.

Who pays the bills and the mortgage while the house is on the market?

The short version is that, unless you've agreed otherwise, both owners remain liable for the mortgage to the lender, and each person's tax and council tax position depends on who lives there.

The sensible approach is a short written interim agreement. Even a two-page email exchange that both of you confirm is better than silence. It should cover who pays the mortgage and utilities, who keeps the property insured and secure, who does viewings, and who has authority to accept an offer. Keep it boring and factual.

If the partner who's leaving continues to pay half the mortgage, record it, because it helps their case if the split is contested later. If the partner who stays pays everything, record that too. Reimbursement can be agreed from the proceeds. Our explainer on council tax when you sell your house is useful for the single-occupier question that tends to come up here.

What about capital gains tax if one of us has already moved out?

Most people selling their main home pay no capital gains tax thanks to private residence relief. The catch for separating couples is that the relief belongs to the person whose home it was.

If you've moved out, private residence relief generally still covers you for the last nine months of ownership, but if the sale drags on beyond that and you've made another property your main home, your share of the gain for the later period can become taxable. Lettings and elections add further wrinkles. Our guide on capital gains tax when you sell your home goes through the scenarios. The practical advice: if the sale will drag on beyond nine months after one of you has left, or if the house has been let in the meantime, ask an accountant before you exchange, not after.

What if it's a flat on a short lease, a leasehold house, or something else awkward?

A separation is a bad moment to discover your home has a problem, but it happens. Short leases, unadopted roads, cladding issues, subsidence, shared drains: any of these can slow or sink a sale and shift the value that you're meant to be splitting. The effect on a couple splitting up is that the argument shifts from "who gets what" to "who pays for the fix", and that's where good intentions evaporate.

If it's a leasehold flat, the best starting points are our guides on selling a flat fast and short leases. If the issue is the structure or the legal title, you may need specialist advice, and sometimes a specialist buyer. In the meantime, agree between you who will pay for any urgent work, and record whether it comes out of the proceeds before the split.

What if there's domestic abuse or I don't feel safe?

Your safety comes first. The house can wait. If you're experiencing abuse or controlling behaviour, the National Domestic Abuse Helpline is free and confidential on 0808 2000 247, and they can explain your options on emergency housing and legal protection.

On the legal side, Part IV of the Family Law Act 1996 gives the family courts powers to make occupation orders and non-molestation orders, including between former cohabitants, though the rules are tighter than they are for married couples and an occupation order for a non-owner is time-limited. A family solicitor, or a local law centre, can explain what's available. Don't negotiate a property split with someone who frightens you without proper support. A sale can be organised through solicitors so that you never have to be in the same room.

What if my ex has disappeared, or stops replying?

It's one of the commonest blocks, and it's maddening. You can't sell a jointly owned house without both signatures. If you can't find your co-owner, or they've gone silent, the route is:

1. Send a clear, dated letter and email to their last known addresses setting out your proposal and a deadline. Keep copies.
2. Send it again via a solicitor's letter, which often changes behaviour overnight.
3. If there's still no response, apply to the court under TOLATA for an order for sale, and ask for directions on how the other owner's share will be dealt with.

If the co-owner is a person who lacks mental capacity, a different route applies, which we've covered in our guide to selling when an owner has lost mental capacity.

What does a sensible step-by-step plan look like?

Here's the order I'd follow. It's the same one I'd give a friend.

1. Get the title register (about £7 from HM Land Registry) and read every entry. Note joint or sole ownership, the mortgage lender, and any restrictions.
2. Find any declaration of trust. It's usually in the original transfer or purchase paperwork. If you can't find it, ask the conveyancer who acted when you bought.
3. Sever the joint tenancy if you hold as joint tenants, so your share is protected whatever happens.
4. Get the redemption figure and check for early repayment charges.
5. Get a valuation: two if you can. Our free house valuation is one quick starting point.
6. Work out the equity and the proposed split, and write down who contributed what.
7. Each take legal advice. Separate solicitors. One firm can't act for both of you if your interests conflict.
8. Choose the route: sell, buy-out, delay, or, as a last resort, court.
9. Sign a short agreement covering the split, the interim costs, who handles the sale and what happens if someone drags their feet.
10. Go to market, compare offers, and accept only what you've both signed off.

How long does all this take?

It depends on which road you choose, and I'd rather give you ranges than a false promise. A negotiated open-market sale usually takes as long as any other sale: our guide to how long a house sale takes goes through it. A buy-out depends on how fast the lender processes a remortgage, which can be a matter of weeks or a couple of months. A cash sale can be quicker, since you choose the completion date. A court route is the slowest, and it's measured in many months at least.

Whatever route you choose, the biggest delays come from two things: not having documents ready, and an unresolved disagreement. Fix those first.

The mistakes I see most often

• Assuming it's 50/50 without checking. Check the register and any trust deed first.
• Moving out and stopping payments. That undermines your claim and damages both credit files.
• Forgetting the joint tenancy. A split you can't live with is bad enough. A death mid-sale that sends your share to your ex is worse.
• Using one solicitor for both of you. If your interests conflict, a single firm shouldn't act for both.
• Listing before you've agreed anything. An offer arrives, one of you refuses it, and now you're arguing in front of a buyer.
• Ignoring the SDLT on a buy-out. It's avoidable only if you plan for it.
• Taking a quick-sale offer without comparing. If you do go the cash route, get several offers, and make sure both of you have approved the one you take.

Where to go from here

You don't need to solve every question at once. You need the register, the redemption figure, an honest valuation and a written agreement. Once you have those, the decision between selling, buying out or delaying makes itself much clearer. Our full library of seller guides covers adjacent problems, from negative equity to chain collapse, if your situation has extra wrinkles.

And if what you want is speed and certainty, it costs nothing to see what the market is offering. Compare cash offers for your home with no obligation, then take the numbers into your negotiation with your ex. Having real figures on the table tends to cut through a lot of argument.

This guide is general information, not legal or tax advice. Property law differs in Scotland and Northern Ireland, and your own facts will matter. Take advice from a solicitor before you sign anything.