Do You Have to Sell?
The short answer is no. Selling is one option, and often the cleanest one, but it isn’t your only one. Here’s what most divorcing couples on the Wirral are actually weighing up:
Option 1: Sell and split the proceeds
Both parties receive their agreed share of the equity and use it to move forward separately. This is the cleanest option. It creates a definitive financial break, gives both parties cash for a fresh start, and removes the ongoing complication of jointly owning an asset.
It’s also the most common outcome when neither party can afford to keep the property on a single income, or when the equity is needed to rehouse both people.
Option 2: One partner buys the other out
One person stays in the property by paying the departing partner their share of the equity, either from their own savings or by remortgaging the property in their sole name. This requires passing the lender’s affordability assessment on a single income, which isn’t always possible. We’ve covered this in detail in our guide to divorcing with a mortgage.
Option 3: Mesher Order (deferred sale)
A court order that delays the sale until a specified trigger event, usually when the youngest child finishes full-time education, or when the occupying partner remarries or cohabits. One partner (usually the one with primary care of the children) stays in the property. Both remain on the mortgage and the deeds until the trigger event.
This protects the children’s stability in the short term, but it means a prolonged financial connection to your ex, and the non-occupying partner remains liable for the mortgage, which affects their ability to borrow elsewhere.
Option 4: Offset against other assets
One partner keeps the house; the other receives a larger share of pensions, savings, or other assets to compensate. This still requires the house to be transferred into sole ownership, which means a remortgage and transfer of equity to remove the leaving partner’s name.
Option 5: Martin Order (rare)
A deferred sale triggered by the occupying spouse’s death, remarriage, or voluntary departure. It's used in limited circumstances, is less common than the Mesher Order, and typically involves older or longer marriages.
None of these options is universally “right.” The right answer depends on your income, your children’s needs, your ex’s cooperation, and what assets you have available. A family solicitor can help you understand which options are realistic in your specific circumstances.
When Can You Sell?
You can sell before, during, or after the divorce is finalised. Each timing has implications.
Before divorce
If both parties agree to sell, you can do so at any point. You don’t need the divorce to be finalised. This can actually simplify the financial settlement because the property is dealt with before the court gets involved. Proceeds are divided by mutual agreement, but put it in writing, ideally through a solicitor. A handshake deal is not enforceable.
Selling before the divorce can work well when communication is still functional and both parties want a clean break.
During divorce
Once divorce proceedings have begun, the property becomes part of the financial settlement. Any sale proceeds will need to be agreed as part of the overall financial order. If you’ve already agreed on everything, the court can formalise it with a consent order. If you haven’t, the court may become involved in determining what happens to the property.
After divorce
Once the divorce is finalised (the Final Order, previously called Decree Absolute), you should already have a consent order in place specifying exactly what happens to the property. If you don’t, either party can make financial claims against the other indefinitely, even years later. This is the scenario to avoid.
The timing question intersects with tax too: see the section on CGT below.
How Proceeds Are Typically Divided
This is the question most people ask first, and the answer is almost always “it depends.” English and Welsh divorce law does not require a 50/50 split. The court aims for fairness, not equality, based on the specific circumstances of your marriage.
The legal framework is Section 25 of the Matrimonial Causes Act 1973. The court considers:
- The income, earning capacity, and financial resources of each party
- The financial needs and obligations of each party
- The standard of living during the marriage
- The age of each party and how long the marriage lasted
- Any physical or mental disability
- Contributions to the marriage, including non-financial ones like childcare and homemaking
- Conduct (only in exceptional cases)
Children’s welfare is always the court’s first consideration. Before anything else, the court asks whether the children have a secure home.
In practice, this means the parent with primary care of the children often receives a larger share of the equity, not because the other parent’s contribution is dismissed, but because the court is trying to ensure the children’s housing situation is stable. A 60/40 or 70/30 split is common where children are involved and housing needs differ significantly. 50/50 is more typical where both parties can rehouse themselves adequately.
For a more detailed guide to how assets are divided and what factors carry most weight, see our guide to splitting assets in a divorce.
Why You Need a Consent Order, Even If You Agree on Everything
This is the single most important thing in this guide.
A consent order is a court-approved document that makes your financial agreement legally binding. Without one, either party can make financial claims against the other at any point in the future, even after the divorce is finalised, even years later. There is no time limit on financial claims in divorce unless they are extinguished by a consent order.
Even if you and your ex agree on absolutely everything (who gets what, how much each person receives, what happens to the house), you still need a consent order to make that agreement stick.
How it works: Both parties complete a Form D81 (financial disclosure). Your solicitor drafts the consent order. Both parties sign it. The court reviews and approves it. This typically takes four to eight weeks. The court fee is currently £62.
Cost: Solicitor fees to draft a consent order typically run £500–£2,000 depending on the complexity of your financial situation and whether both parties have independent legal advice.
The alternative: Skipping the consent order might save you money now. It’s rarely worth it. A claim made years later, after you’ve rebuilt your finances, can be far more damaging than the cost of getting the consent order in place.
If your circumstances are straightforward (you've agreed on everything, with no complex assets and no significant pensions), an online consent order service can be more affordable than full solicitor representation. But if there’s any complexity, get proper legal advice.
The Practical Timeline
How long does this actually take? It depends on which route you take.
If you both agree to sell through an estate agent
From listing to completion, a typical Wirral property sale takes three to six months. You’ll need to factor in time to agree an asking price, instruct agents, manage viewings (which can be emotionally difficult if you’re still living in the property), negotiate offers, and go through conveyancing. If communication with your ex is strained, every decision can take longer.
If you can’t agree
Mediation is usually required before you can apply to court. Specifically, you’ll need to attend a MIAM (Mediation Information and Assessment Meeting) first. If mediation succeeds, you resolve the matter in four to six sessions and formalise it with a consent order. If mediation fails, you can apply to the Family Court for a financial remedy order, a process that typically takes six to eighteen months and costs upwards of £10,000 in legal fees per party.
If you need speed
A cash buyer can complete in two to four weeks. There are no viewings, no chains, no mortgage surveys, and no risk of a buyer pulling out. The price is typically 75–85% of market value, the trade-off for certainty and speed. For some people going through divorce, the reduction in price is genuinely worth it for the reduction in stress, time, and ongoing financial exposure.
Managing the Sale When Communication Is Difficult
Selling a house with someone you’re separating from is hard even when the relationship is amicable. When it isn’t, every decision becomes a point of conflict.
Some practical things that help:
Keep everything in writing. Texts and emails create a record. If there’s ever a dispute about what was agreed, having it written down matters. This also applies to agreements about viewings, asking price, and how proceeds will be split.
Use your solicitors as intermediaries. If direct communication has broken down completely, your solicitor can communicate with your ex’s solicitor. It’s slower and more expensive, but it prevents conversations that go nowhere from derailing the process.
Don’t move out without legal advice. Leaving the family home without understanding your legal position can affect your claims. Talk to a solicitor before you go.
Don’t stop paying the mortgage. If you’re struggling to cover payments on a single income, talk to your lender about your options. Many will offer a payment holiday or restructuring in hardship situations. Stopping payments damages both credit scores and risks repossession, which serves neither party.
If your ex is actively refusing to agree to a sale, see our guide to what happens when your ex won’t sell, including the legal options available when agreement breaks down.
Tax: What You Need to Know
If the property is your main home
Private Residence Relief means no Capital Gains Tax on the sale of your main residence. For most divorcing Wirral couples selling the family home, CGT won’t apply to the sale proceeds.
If one person has moved out
The person who has left the property retains their entitlement to Private Residence Relief for the period they lived there, plus the final nine months of ownership. So even if there’s a gap between leaving and selling, PRR can still fully apply.
CGT-free transfers between separating spouses
If you’re transferring a share of the property to your ex (or vice versa) as part of the settlement, these transfers can be made without triggering CGT for up to three tax years from the end of the tax year in which you separated. If the transfer is made as part of a formal consent order or court order, there’s no time limit at all.
A note of caution: HMRC updated and then reversed guidance on divorce CGT in 2025. It's a reminder that tax rules in this area can shift, so get current, specific advice from a tax adviser or solicitor rather than relying on any single guide, including this one.
If the property was a rental or second home
CGT may apply on any gain since the property was first acquired. This is less common in a divorce involving the family home, but worth being aware of if your situation is more complex.
This is general guidance, not legal or tax advice. Your situation (your income, your children's needs, your assets, your mortgage, your ex's position) affects every decision. Before you commit to anything, talk to a family solicitor. A good one will help you understand your rights and your realistic options, not just push you toward the most expensive outcome.
When you're ready to sell, tell us about the property. You'll have one point of contact from start to finish, and everything stays between us and the two of you.
