Selling a Jointly Owned Property: Your Options

Selling a jointly owned property is not always straightforward. Whether you are going through a divorce, separating from a partner, or dealing with a co-owner who wants out, the legal and practical issues can be complex. This guide explains your options and how to achieve a sale when you need one.

Types of Joint Ownership

The type of joint ownership affects how you can sell. There are two main types in England and Wales:

Joint Tenants

• You own the property together as a whole — no specific shares.
• If one owner dies, the other automatically inherits the entire property.
• You cannot sell your share independently. Both owners must agree to sell the whole property.
• Most married couples and many long-term partners are joint tenants.

Tenants in Common

• You each own a specific share (e.g., 50/50, 70/30).
• If one owner dies, their share passes to their estate (not the other owner).
• You can sell your share in theory, but finding a buyer for a partial share is extremely difficult in practice.
• Common for unmarried couples, friends buying together, or where one person contributed more.

How to Check Your Ownership Type

Your title deeds (available from the Land Registry for £3) will show whether you are joint tenants or tenants in common. If you are tenants in common, there will be a restriction on the title and often a trust deed specifying the shares.

Scenario 1: Both Owners Agree to Sell

This is the simplest scenario. Both owners want to sell and agree on the method. The process is:

1. Agree on a valuation — Get 2-3 estate agent valuations or a professional survey.
2. Choose a sale method — Estate agent, assisted sale, auction, or guaranteed sale.
3. Instruct a solicitor — One solicitor can act for both owners if interests are aligned.
4. Complete the sale — Proceeds are divided according to ownership shares.

If you need a fast, clean sale, a guaranteed sale is often the best option for jointly owned properties because:

• No chain or buyer fall-through risk
• Completion in 7-28 days
• No fees for either party
• We deal with both owners' solicitors

Scenario 2: One Owner Wants to Sell, the Other Refuses

This is common in relationship breakdowns. Your options are:

Negotiation and Mediation

Before going to court, try:

• Direct negotiation — Sometimes a formal offer from a buyer is enough to change minds.
• Mediation — A neutral mediator helps you reach agreement. You must attend a MIAM before court anyway.
• Solicitor negotiation — A letter from a solicitor outlining the legal position can focus minds.

TOLATA Application

If negotiation fails, you can apply to the county court under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) for an order for sale.

The court considers:

• The intentions of the person who created the trust (e.g., the buyers when they purchased)
• The purpose of the trust
• The welfare of any children who occupy or might occupy the property
• The interests of any secured lender

In most cases where there are no children living in the property, the court grants the sale. Where children are involved, the court may defer the sale until they are grown.

Divorce Proceedings

If you are married and going through divorce, the family court can order the sale of the property as part of the financial settlement. This is often faster than a separate TOLATA claim. See our guide on who gets the house in a divorce.

Scenario 3: One Owner Wants to Buy the Other Out

Instead of selling, one owner can buy the other's share. This is called a transfer of equity. The process is:

1. Agree on the value — Get a professional valuation.
2. Calculate the buyout amount — The departing owner's share, minus their share of any mortgage.
3. Remortgage — The remaining owner borrows enough to pay off the departing owner's share.
4. Transfer the title — A solicitor handles the legal transfer and removes one name from the deeds.

This only works if the remaining owner can afford the mortgage on their own. The lender will assess affordability.

Scenario 4: Inherited Joint Ownership

If a property is inherited by multiple people (e.g., siblings), you are tenants in common. If one wants to sell and the others do not:

• The same TOLATA process applies
• The court is generally more willing to order a sale where the property was inherited (rather than a family home)
• A guaranteed sale can provide a clean, fast resolution for all parties

See our guide on executor responsibilities when selling a house for more on inherited property sales.

How to Achieve a Fast Sale

When you need to sell a jointly owned property quickly — whether due to divorce, financial pressure, or a dispute — the sale method matters:

A guaranteed sale is particularly useful for jointly owned properties because:

• Speed — A fast sale reduces the period of financial uncertainty and conflict.
• Certainty — No risk of a buyer falling through, which can reset the whole process.
• No fees — Neither owner pays anything, which removes a common source of disagreement.
• Neutral — We deal with both owners' solicitors impartially.

Steps to Take

1. Check your ownership type — Order title deeds from the Land Registry.
2. Get a valuation — Agree on the property's value or get an independent assessment.
3. Check your equity — Use the equity calculator to see what each owner would receive.
4. Discuss with the co-owner — Try to agree on a sale method.
5. Seek legal advice — If you cannot agree, consult a solicitor about TOLATA or divorce proceedings.
6. Choose a sale method — If selling, pick the method that suits your timeline and need for certainty.

Summary

Selling a jointly owned property is manageable when both owners agree, but complex when they do not. UK law provides mechanisms to force a sale if needed, but the fastest and least stressful path is usually a voluntary agreement — particularly a secure sale that offers speed, certainty, and no fees.

Contact us for a free, confidential assessment of your jointly owned property.