When a couple separates, the jointly owned property is often the most difficult point. Emotions, ongoing loans and questions about the future all collide. This guide sets out the three common options and what you should keep in mind.
The three options compared
| Option | In brief | Suitable when ... |
|---|---|---|
| Sale | Sell the property, split the proceeds | both want a clean break |
| Buyout | one partner takes over and pays out the other | one wants to stay & can finance it |
| Letting | keep it together and let it out | the value should be preserved |
Option 1: Selling
A sale creates the cleanest separation: the property is sold, the loan is repaid and the remaining proceeds are divided. What matters is a neutral, market-based valuation so that neither side feels disadvantaged. A neutral agent can help defuse tensions here.
Option 2: Buyout (one partner takes over)
If one partner wants to keep the property, they pay out the other. The basis is the current market value less the outstanding debt; half of the remaining value is usually due to the departing partner. The bank must approve the transfer of the loan to a single person.
Option 3: Letting it together
If both want to keep the property as an investment, it can be let. However, this requires functioning communication, since ownership, the loan and management remain shared. For many separated couples, this is difficult in the long term.
Keeping an eye on taxes and deadlines
If a let or non-owner-occupied property is sold within the ten-year speculation period, tax may be due on the gain. Owner-occupied residential property is usually tax-free. The timing (before/after the divorce) can also be relevant - tax advice is recommended.
Frequently asked questions
Who gets the house in a divorce?
Ownership follows the land register, not marital status. If the property belongs to both, a joint solution must be found: sale, buyout or letting.
Do I have to sell if my ex-partner wants to?
If the two owners cannot agree, a partition auction can be applied for as a last resort - usually with financial disadvantages. An amicable solution is almost always better.
How is the value of the property determined?
Through a neutral valuation of the market value. In the event of a dispute, an independent expert report can make sense so that the buyout or division is fair.
We value your property neutrally and support the sale in the event of a separation - objectively and discreetly, for a fair solution.