Selling a house during divorce

Sequencing the sale against the consent order

A financial consent order is the document, approved by the court, that formally sets out how assets including the family home are to be divided. Some couples sell the house first and hold proceeds pending the order; others wait until the order is approved before putting the property on the market. Either can work, but your solicitor needs to know the plan so the order's wording matches what actually happens with the sale, rather than assuming proceeds that no longer exist in the form expected.

Who pays the mortgage in the meantime

Until the property sells, someone has to keep the mortgage paid to avoid arrears that damage both parties' credit and reduce equity. Common arrangements include the party remaining in the home paying it alone, both parties splitting payments, or payments being made from a joint account funded by both. Whatever is agreed should be put in writing, ideally reflected in a short interim agreement or recorded by solicitors, so there is no dispute later about who owes what.

Agreeing a valuation

Disagreement over value is one of the most common reasons a divorce sale stalls. The cleanest approach is a single, independently assessed valuation both parties accept upfront, whether from a jointly instructed RICS surveyor or a buyer who shares the same valuation and survey with both sides. Trying to negotiate from two separate estate agent estimates usually just adds weeks of argument before marketing even starts.

Handling proceeds through solicitors

Sale proceeds are typically paid into a solicitor's client account rather than directly to either party. They are then held until the financial consent order is approved, at which point they are released and split according to its terms. This protects both parties: money is not spent before the settlement is legally binding, and there is a clear paper trail if either side later disputes the split.

Why the completion date matters

In most divorces, both parties need to move on, one or both to a new home, often with their own mortgage offer or rental deposit tied to a specific date. An open-market sale that drags on, falls through, or has an unpredictable completion date puts both of those plans at risk. This is why some divorcing couples choose a cash buyer who can agree a fixed completion date in writing rather than the uncertainty of a buyer-dependent chain.

This guide is general information, not legal advice, and every divorce has its own facts. Speak to a family solicitor about sequencing your specific sale, and consider mediation if you and your ex-partner are not yet agreed on the approach. When you are ready, we can give both of you the same written valuation and cash offer, and complete on the date your solicitors need.