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Property

You may have other property, other than the family home, such as a holiday home, timeshare or property that was bought as an investment and rented out. For details about how the family home is dealt with see living arrangements.

Ownership
If you're not sure whether you own property jointly or not, you can usually check quickly and cheaply by asking the Land Registry for a copy of their records - see Useful links.

If the property is solely in your partner's name, and you cannot reach agreement on interim agreements, there are steps you can take to stop your spouse or civil partner from selling or remortgaging it until a final settlement has been reached - see The steps involved – married couples and civil partners – temporary agreements.

The Court has powers to order transfer of property or sale on divorce or civil partnership dissolution, whether it is in your own name or in joint names.

Value of property
If you are not sure what the property is worth, you will need to get it valued. Normally an estate agent will do this but they may charge, so ask first. If your negotiations take a long time, you will have to get updated valuations. Remember to deduct any outstanding mortgage balance and the costs of selling (including estate agents' fees, legal and Land Registry fees, and getting a home information pack). You can normally expect these costs to be about 2 per cent of the value of the property. In some circumstances capital gains tax may be payable and you should check this - see Useful links.

Foreign property
You will need to consider any foreign property including foreign holiday homes. The court can make an order about foreign properties. You should find out about any taxes, charges or other costs payable on a sale or transfer of any foreign property before reaching an agreement. You may also wish to get advice from a lawyer or notary in the country where the foreign property is located.

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