How to sell a property during a separation?

1. Why sell the property during a separation?

Selling a property may become necessary for several reasons:

• Neither partner wishes or is able to buy out the other's share
• The home is too large, too full of memories, or unsuited to each person's new life
• The charges are too heavy for a single income
• It is a joint decision to cleanly close a chapter of life

2. Who owns the property?

Before taking any steps, it is essential to identify the couple's legal regime:

In the case of marriage: under the community of property regime, the property is jointly owned, even if only one of the two financed it. The agreement of both is required to sell, except in the event of liquidation of the regime. Under the separation of property regime, each person retains their share according to their contribution.

In the case of cohabitation or legal cohabitation: if the property was bought by two people, it is held in joint ownership (undivided co-ownership). The co-owners own it in proportion to their contribution (50/50 or 70/30 according to the deed). If only one of the two is the owner, the other has no rights to the property, unless they contributed to the repayments (and can prove it).

3. What are the steps to sell a property in the event of a separation?

3.1. Agreeing on the sale

It is essential to talk (or to go through a mediator or notary) in order to agree on: whether the property should be sold, at what price, within what timeframe, and the allocation of costs (notary, agency, certificates, etc.).

3.2. Having the property valued

To avoid disagreements, an objective, precise and well-argued valuation is paramount. Calling on a neutral agency such as Chrysalide makes it possible to lay a healthy basis for discussion.

3.3. Checking the credit situation

If a loan is still outstanding, two options are available to you: the property is sold and the loan is repaid with the proceeds of the sale. If a balance remains, it is divided between the co-borrowers. In some cases, a mortgage release may be necessary.

3.4. Putting the property up for sale

This involves professional photos, an optimised listing, coordinated viewings and transparent communication between the parties. An experienced agency plays a key role here in smoothing exchanges and maintaining a healthy momentum.

3.5. Signing the preliminary sales agreement and then the deed

The preliminary sales agreement is signed in the presence of both parties. The authentic deed at the notary is then signed to formalise the sale and distribute the funds according to the agreed terms.

4. The pitfalls to avoid

Wanting to sell in a hurry: a rushed sale can lose money. It is better to take a few weeks to properly prepare the property and find the right buyer.

Failing to anticipate the costs: the notary fees, the loan early-repayment penalty, the certificates, etc. must be clearly allocated.

Blocking the sale out of resentment: unfortunately, some separations block the sale of the property due to personal tensions. This delays emotional healing, causes the property to lose value, and sometimes generates additional costs (court ruling, expert, etc.).

5. What alternatives to selling?

Depending on your situation, you can also consider:

• Buying out the share: one partner buys out the other's share, with suitable financing and a notarial deed
• Renting it out: allows a shared income to be generated while awaiting a final decision, but requires clearly defining the allocation of charges and rent
• Conventional joint ownership: a structured agreement to put the management of the property on hold, without selling straight away

6. Why call on Chrysalide?

At Chrysalide, we have supported many couples through this often delicate stage. Our role? To offer you a human, neutral, structured and caring approach.

• Human: we understand that the sale touches on personal aspects, and we adapt our support to your pace
• Fair: our valuations are well-argued, transparent and realistic
• Structured: we facilitate the procedures, organise the viewings and manage communication, with respect for both parties

In conclusion

Selling a property during a separation is not just a legal or financial matter. It is also a symbolic step, sometimes painful, but often necessary to turn a page cleanly. Well supported, this transition can become a true fresh start.