Selling a House in Difficult Circumstances: FAQs

Not every sale is straightforward. Divorce, a death in the family, a structural problem or a legal gap can all make selling feel harder. These answers explain where you stand and what usually helps.

How do I sell a house during a divorce?

If you own the house jointly, you can sell during a divorce as long as you both agree to the sale and both sign the paperwork. It helps to agree the asking price, the agent and how the money will be split before the house goes on the market, and to tell your solicitors early. Each of you should get your own legal advice. There's a qualified solicitor on our team, so we understand the legal side and can keep both of you updated fairly and separately.

Can my ex stop me selling the house?

If the house is in joint names, one owner cannot sell without the other's agreement. When agreement can't be reached, a court can order a sale, either as part of the financial settlement in a divorce or, for unmarried co-owners, under the Trusts of Land and Appointment of Trustees Act 1996. If the house is in your sole name, a husband, wife or civil partner can register their home rights against it, which can hold up a sale. Take family law advice before you act.

Who can sell a house after the owner dies?

Only the personal representative can sell a house after the owner dies. If there's a will, that is usually the executor named in it, who applies for a grant of probate. If there's no will, a close relative applies for letters of administration and becomes the administrator. You can put the house on the market before the grant arrives, but the sale can't complete until it does. Jointly owned homes held as joint tenants usually pass straight to the surviving owner instead.

Can I sell my parent's house if they have dementia?

You can only sell a parent's house for them if you have the legal authority to do it. That usually means a registered lasting power of attorney for property and financial affairs, made while they still had mental capacity, or an older enduring power of attorney that has been registered. If neither exists and your parent can no longer make the decision, you'll need to apply to the Court of Protection to be appointed as their deputy. Speak to a solicitor before you agree a sale.

Can I sell a house with Japanese knotweed?

Yes, you can sell a house with Japanese knotweed, but you must declare it. The seller's property information form, the TA6, asks about it directly, and a false or careless answer can lead to a misrepresentation claim after the sale. Most mortgage lenders will still lend if there's a professional treatment and management plan in place, usually with an insurance-backed guarantee. Get a specialist survey and plan before you market the house, so buyers and their lenders have the answers from the start.

Can I sell a house with subsidence?

Yes, but you need to be upfront about it, and the paperwork makes a big difference. Buyers and lenders will want to know what caused the movement, whether it has been repaired, and whether it is now stable. A structural engineer's report, any monitoring results and a certificate of structural adequacy all help. Insurance can be the sticking point, so find out whether your current insurer will continue cover for a new owner. Some buyers may still prefer a cash purchase.

Can I sell a house with a short lease?

Yes, but a short lease puts many buyers off, because some lenders won't lend once the remaining term falls below their minimum. Extending first is often worth it, and leases with 80 years or fewer left cost more to extend because marriage value is added. If you've owned a flat for at least two years, you can start the statutory extension yourself and pass the benefit of that claim to your buyer as part of the sale. Get advice from a leasehold specialist.

Can I sell a house without building regulations approval?

Yes, but missing building regulations sign-off for work such as an extension, a removed wall or new windows will come up during conveyancing. There are two usual fixes. You can apply to the council for a regularisation certificate, which may mean opening up some of the work for inspection. Or your solicitor may suggest indemnity insurance, which only works if the council hasn't already been contacted about it. Gather your certificates before you list, so there are no surprises later.

Can I sell a house with damp?

Yes, you can sell a house with damp, but it will usually be picked up by the buyer's survey, so it pays to deal with it first. In older stone and brick terraces, damp is often caused by blocked gutters, high ground levels or poor ventilation rather than rising damp. An independent surveyor can tell you the cause before you spend money on treatment. If you choose not to fix it, price the house with that in mind and answer the TA6 honestly.

Can I sell my house if it's in negative equity?

You can, but you'll need to clear the mortgage at completion or agree a plan with your lender for any shortfall. Speak to your lender before you put the house on the market. Some will agree to a sale with a shortfall and let you repay the rest over time, while others may suggest waiting or switching to a different deal. Free debt advice is available from MoneyHelper and StepChange, and an independent mortgage adviser can talk you through the options.

Can I sell my house if I'm behind on my mortgage?

Yes, and selling yourself is usually far better than letting the lender repossess the house. A lender's sale tends to bring a lower price and extra costs that come out of your equity. Talk to your lender as soon as you fall behind, because they have to treat you fairly and consider options such as a payment plan. If selling is the answer, agree a timescale with them and get free advice from MoneyHelper or Citizens Advice on the way.

What makes a house unmortgageable?

A house is unmortgageable when most lenders won't lend on it in its current state. Common reasons include non-standard construction, serious structural problems, no working kitchen or bathroom, a very short lease, or knotweed without a management plan. These homes can still sell, but usually to cash buyers, investors or at auction, and often for less. Sometimes fixing one problem, such as fitting a basic kitchen or extending a lease, opens the house up to buyers with a mortgage again.

Should I sell my house at auction?

Auction suits some homes, such as those needing major work or with legal problems, but it isn't the best route for most. At a traditional auction the buyer exchanges contracts when the hammer falls and usually completes within about 28 days. The modern method of auction gives buyers longer, but they usually pay a non-refundable reservation fee on top of the price, which can reduce what they bid. Compare the fees and likely price with an open market sale first.

What happens if I don't declare a problem when selling my house?

If you knowingly hide a problem, or give a careless answer on the property forms, the buyer can make a claim against you after completion. Under the Misrepresentation Act 1967 they may be able to claim compensation for the loss, and in serious cases ask the court to undo the sale. Common examples include knotweed, flooding, disputes with neighbours and building work without approval. If you're not sure, say so and give what you know, rather than guessing.

Got a question we haven't answered?

Call us on 01706 310171, email sales@bowmanestatesltd.com or pop into the office at 88 Bolton Road West, Ramsbottom. If you're thinking of selling, you can book a free, no-obligation valuation.