What legal documents do I need to sell a house during a divorce?

Divorce-specific documents

Consent Orders and Court Orders

If you and your ex agree on selling the home, a Consent Order formalises the arrangement and makes it legally binding. This ensures the sale proceeds are divided as agreed, and prevents either party from changing their mind later.

Where no agreement can be reached, the court may issue an Order for Sale. Depending on your circumstances, the court could also grant:

• Mesher Order – sale is delayed until children reach 18 or finish full-time education.
• Martin Order – one spouse remains in the home until they remarry or choose to leave.

These documents set the legal framework for when and how the property can be sold.

Form E (Financial Disclosure)

As part of the divorce process, both parties usually complete Form E. This is a financial disclosure document listing all assets, including the family home. The valuation entered here may come from estate agent appraisals or a RICS surveyor.

Form E ensures the court (or your solicitors) can assess the total asset pool before deciding whether to sell the home, transfer it, or offset its value against other assets.

Property sale documents

Title deeds and Land Registry documents

Your solicitor will obtain an official copy of the title from HM Land Registry. This shows ownership, whether the property is held as joint tenants or tenants in common, and whether there are any charges (like a mortgage) on it.

If you’re not named on the deeds but the home is marital property, you can protect your interest by registering a Home Rights Notice with the Land Registry. This prevents your spouse from selling or mortgaging the property without your consent.

TA6 Property Information Form

The TA6 form is required in almost every property sale. It discloses:

• Boundaries and access rights.
• Planning permissions and building works.
• Disputes with neighbours.
• Services such as water, gas, and electricity.
• Occupancy details (important if one spouse remains in the home until sale).

In a divorce, it’s vital this form is completed truthfully. Failing to disclose disputes (e.g. over occupancy or finances) can lead to claims of misrepresentation.

TA10 Fittings and Contents Form

This sets out what is included in the sale — such as kitchen appliances, carpets, or light fittings. In divorce, this can be particularly sensitive if one party intends to remove items, so it’s important to be precise.

TA7 Leasehold Information Form

If the property is leasehold, the TA7 form provides details about:

• Ground rent and service charges.
• Freeholder details.
• Remaining years on the lease.

Leasehold sales often take longer, so it’s best to prepare this form early.

Energy Performance Certificate (EPC)

An EPC is legally required to market the property. Costs typically range from £60–£120, and the certificate is valid for 10 years.

Although gas safety certificates and electrical condition reports are not legally required for sales, providing them can reassure buyers — particularly if your ex is worried about delays during conveyancing. See our guides on gas certificates and electrical certificates for more detail.

Mortgage and financial documents

Selling during divorce always involves settling the mortgage. You’ll need to provide:

• Mortgage statement – showing the current balance and redemption figure.
• Details of any arrears – both spouses remain jointly liable until the mortgage is redeemed. Missed payments can harm both credit scores.
• Consent from the lender – if one spouse wants to buy out the other, the lender must agree that they can afford the mortgage alone.

If the home is in negative equity, the court will decide how the shortfall is shared between you.