What happens to the family home when you divorce or separate?

The Office for National Statistics recorded over 102,000 divorces in England and Wales in 2023, and for the majority of those couples, deciding what happens to the family home is one of the most significant financial decisions they face. In most cases there are two routes: sell the property and divide the proceeds, or transfer ownership so that one person keeps it. Both involve conveyancing, and both carry legal and financial implications that are worth understanding before committing to either path.

This guide explains how conveyancing after divorce or separation works in practice, what each route involves for your solicitor, and what the costs look like on both sides.

The two conveyancing routes when a relationship ends

The route you take depends on whether you and your ex-partner agree that one person will keep the property, or whether a clean sale makes more sense for both of you. Neither route is straightforward when a relationship has broken down, but the legal process is manageable with the right solicitor in place from the start.

Selling the family home means the property goes to market, completes as a standard sale, and the net proceeds are divided between both parties according to whatever agreement or court order is in place. Transferring ownership, known legally as a transfer of equity, means one party's name is removed from the title and the mortgage is either taken on solely by the remaining owner or redeemed entirely.

Selling the family home during divorce or separation

Selling a house during divorce follows the same legal process as any residential sale. Your solicitor reviews the title, responds to the buyer's enquiries, handles the financial transfer on completion, and redeems any existing mortgage from the proceeds. What differs from a standard sale is the dynamic between the two sellers and the need for a clear agreement on how the proceeds will be split before completion day arrives.

How the proceeds are divided

The division of sale proceeds depends on whether a formal agreement is in place. A consent order, approved by the court, sets out exactly what each party receives and is legally binding on both. Without one, the division relies on whatever informal agreement you and your ex-partner have reached, which creates a risk of dispute at or after completion.

Divorce proceedings can take several months to conclude, which means decisions about the family home may need to be made and implemented before the divorce itself is finalised.

Obtaining legal advice on the settlement before the property sale completes is strongly advisable, and conveyancing fees when selling the family home cover the standard sale costs, though any disputes over the proceeds sit outside the conveyancing process and require separate family law advice.

Do both parties need to instruct solicitors for the sale?

For the sale itself, you do not necessarily need separate conveyancing solicitors. A single conveyancing firm may be able to act for both sellers where their interests in the sale are aligned and the firm is satisfied that there is no conflict of interest or significant risk of one arising.

If there is a dispute about the division of proceeds or the timing of the sale, separate legal advice becomes necessary and your conveyancing solicitor is not the right person to resolve it.

What happens if one party refuses to cooperate?

If one party refuses to engage with the sale process, sign documents, or agree to a sale at all, the other party can apply to the court for an order for sale. This is a family law matter rather than a conveyancing one, but once an order is in place your solicitor can proceed with the sale on that basis.

This situation is more common than many people expect, and it is one of the reasons obtaining a consent order early in the separation process is useful even before a specific property decision has been made.

Transfer of equity: what it means and how it works

What is a transfer of equity? It is the legal process of adding or removing a person from the title of a property. In the context of divorce or separation, it most commonly means removing one party's name from the title so that the other becomes the sole owner.

The transfer of equity process is handled by a solicitor and involves updating the title at Land Registry to reflect the new ownership. If there is a mortgage on the property, the mortgage position also needs to be resolved as part of the transfer.

Do both parties need a solicitor for a transfer of equity?

The party being removed from the title should have independent legal advice, even if they are not paying for the conveyancing themselves. Depending on the lender and the circumstances of the transfer, the outgoing party may be required to obtain independent legal advice before the lender will consent to the transfer.

The conveyancing solicitor will usually act for the person retaining the property and, where applicable, their mortgage lender. The outgoing party may need or be advised to obtain independent legal advice, particularly where required by the lender or the circumstances of the transfer.

How the mortgage is handled

A transfer of equity with an existing mortgage involves one of three outcomes. The first is a remortgage, where the remaining owner takes the mortgage in their sole name with the same or a new lender.

This requires a new mortgage application and is the most common route when the remaining owner can afford the mortgage independently. The second is consent to transfer, where the existing lender agrees to release one party from the mortgage without requiring a full remortgage. Not all lenders offer this, and it depends on the remaining owner meeting the lender's affordability criteria in their own right.

The third is full redemption, where the mortgage is redeemed entirely from savings or a family contribution and the property transfers unencumbered.

The lender's involvement makes the transfer of equity timeline dependent on their processes as much as the conveyancing itself. Lenders including NatWest, Barclays, Halifax, and Nationwide all have their own processes for handling transfers of equity, and your solicitor will liaise with the lender on your behalf throughout.

How long does a transfer of equity take?

For a straightforward case without a remortgage, the process typically takes four to eight weeks from instruction to completion. Where a remortgage is involved, the timeline extends to reflect the mortgage application and offer process, which can add several weeks depending on the lender. Complications around title, an existing lease, or a dispute between the parties can extend the timeline further.

Do you need a consent order before conveyancing can proceed?

A consent order is not a legal requirement before a sale or transfer of equity can proceed, but obtaining one before either route is finalised is strongly advisable. A consent order sets out the financial settlement between divorcing parties in a way that is approved and made binding by the court.

Without one, there is no legal protection if one party later disputes the agreed split of proceeds or the terms of the transfer.

For separated but unmarried couples, the position is different. There is no divorce process, and property rights depend on the legal ownership structure and in some cases a declaration of trust. The declaration of trust guide covers when a declaration of trust applies and what it sets out.

Stamp duty on a transfer of equity

Do you pay stamp duty on a transfer of equity? The answer depends on whether money changes hands and whether there is an outstanding mortgage being taken on.

Where no money is paid and there is no mortgage being transferred, SDLT may not apply or may be minimal. Where the transferring party receives payment for their share, or where a mortgage is being assumed by the remaining owner, SDLT may be triggered on the value of what is changing hands, which includes the proportion of any mortgage debt being taken on.

Transfers of property made in connection with divorce, dissolution of a civil partnership, judicial separation, or certain formal separation arrangements can be exempt from SDLT. Whether the exemption applies depends on how the transfer is structured and the legal arrangements in place, so your solicitor should confirm the SDLT position for your circumstances.

The specific calculation should always be confirmed with your solicitor based on the property value, the existing mortgage balance, and the precise terms of the transfer, since general figures may not reflect your situation accurately.

What does a transfer of equity cost?

Transfer of equity cost covers the solicitor's legal fee for handling the process, the Land Registry fee for updating the title register, and any disbursements connected to the transaction. Where a remortgage is involved, the remortgage conveyancing fee may be included within the same instruction or charged separately depending on the firm.

You can see average conveyancing costs as a reference point, and the disbursements guide covers the third-party costs involved. Solicitor fees for a transfer of equity are generally lower than for a full purchase or sale, reflecting the more contained scope of the work, though the exact fee depends on the complexity of the transaction and whether a remortgage is included.

For the buying-out party, the conveyancing costs for buyers give a useful comparison point, and for the selling party the conveyancing fees when selling page covers what applies on that side. If the property is in London or Birmingham, the city-level calculators for London and Birmingham give a more localised picture of typical fees.

Can you use the same solicitor as your ex-partner?

For a straightforward transfer of equity where both parties are in agreement, the conveyancing solicitor will usually act for the person retaining the property and, where applicable, their mortgage lender. The outgoing party may need or be advised to obtain independent legal advice, depending on the lender's requirements and the circumstances of the transfer.

For a sale of the family home where both parties are cooperating, a single conveyancing firm can act for both sellers. Where there is any dispute, whether about the price, the timing, the division of proceeds, or any aspect of the settlement, separate representation is necessary and your conveyancing solicitor is not the right person to advise on those disputed elements.

Ready to get a conveyancing quote for a transfer of equity or sale?

Whether you are selling the family home or transferring ownership to one party, finding a solicitor experienced in transfer of equity conveyancing early in the process gives you a clear picture of costs and timelines before anything is agreed.

Compare conveyancing quotes for your situation today and get a fixed-fee price matched to your transaction type.