{"id":6719,"date":"2025-08-07T10:06:03","date_gmt":"2025-08-07T14:06:03","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=6719"},"modified":"2025-08-07T10:06:05","modified_gmt":"2025-08-07T14:06:05","slug":"were-divorcing-but-my-spouse-wont-sell-what-now","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/were-divorcing-but-my-spouse-wont-sell-what-now\/","title":{"rendered":"We\u2019re Divorcing, But My Spouse Won\u2019t Sell. What Now?"},"content":{"rendered":"\n
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Forming two households out of one is a lot of work \u2014 financial, social, and emotional. And it\u2019s much harder if the two don\u2019t agree on how to manage the division of valuables.<\/p>\n\n\n\n

The most valuable asset in the mix? It\u2019s likely to be the home.<\/p>\n\n\n\n

Often, selling the home and dividing the proceeds is the practical way forward. It can allow each person to start afresh with less square feet than they needed as a couple. But what if one partner isn\u2019t on board with selling the home?<\/p>\n\n\n\n\n\n\n\n

Can the Court Make Your Ex Agree to Sell the Home?<\/h2>\n\n\n\n
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Like so much in family law\u2026 It all depends.<\/p>\n\n\n\n

Look to your state\u2019s divorce law for direction on the sale and division of shared property. As for assets that already belonged to one partner before the marriage, or valuables given\/bequeathed to one partner only, those might be found to belong to that individual alone.<\/p>\n\n\n\n

A judge may decide to order the sale of joint property. In a few cases, this must happen promptly \u2014 because of a party\u2019s immediate need for sustenance, for example, or to avoid a foreclosure.<\/p>\n\n\n\n

If the two people cannot agree on whether a home should be sold, and their lawyers cannot come to some kind of mutually acceptable agreement, the judge will step in and force their hands. And leaving this to the court, rather than coming to an agreement between the parties, will usually incur higher legal costs. What\u2019s more, if you leave this decision to the court, it could drag out to the end of the proceedings. If possible, a court will delay forcing a home sale before a full financial agreement is sorted between the parties. Why? Because taking a home out of the picture can be harmful when one partner or other family members rely on that home.<\/p>\n\n\n\n

For all of these reasons, your attorney may reasonably suggest offering to pay your partner a financial \u201cextra\u201d when the home sells, in order to get the reluctant person on board and get on with a sale.  <\/p>\n\n\n\n

It might seem obvious, but it\u2019s also the case that coming to an agreement yourselves will make it far less stressful to go through the sale process. A partner who isn\u2019t on board can create a lot of friction, potentially putting off buyers.<\/p>\n\n\n\n

Important note:<\/em><\/strong> Even if your partner isn\u2019t named on the deed or loan documents, you may still need their agreement to sell the home. Your state may require that a spouse sign off on the sale.<\/p>\n\n\n\n

During your marriage, you were <\/strong><\/em>not named on the deed. If you split up, will you have rights in the home?<\/em><\/strong><\/a><\/p>\n\n\n\n

What Could Make a Court Force a Sale?<\/h2>\n\n\n\n

Co-owners must agree together to sell a home. But if the two are at odds over whether the home should be listed, the one who wants to force a sale will need the court to step in.   <\/p>\n\n\n\n

This will involve a request for a court-ordered partition<\/a>. A judge can force a buyout between the parties, or order a sale, then sort out a fair distribution of the proceeds.<\/p>\n\n\n\n

If one partner won\u2019t sign documents to sell the home despite a court\u2019s direction to do so, the judge can even sign the necessary documents that the reluctant partner won\u2019t sign. Courts can also have a person removed from a home when it needs to be put on the market.<\/p>\n\n\n\n

\u201cWhen a judge orders the home sold, the divorce attorney submits three or four Realtors\u00ae, and then the judge will choose one after checking their internet presence or sales record,\u201d as real estate agent Allison Van Wig describes the process on the agent platform HomeLight<\/em>.<\/p>\n\n\n\n

Then the attorney calls the real estate agent to handle the sale.<\/p>\n\n\n\n

Negotiating an Agreement: Best for All Concerned<\/h2>\n\n\n\n

The couple can come to a mutual agreement to sell a joint asset and divide the proceeds. Each partner should have their own lawyer during the negotiations. This helps to ensure a clear understanding, mutually agreed-upon and written down, and one that the court will likely perceive as fair and reasonable.<\/p>\n\n\n\n

Whether the parties come to an agreement to sell the home (from one partner to the other or to a third-party buyer), or compensate the other if one partner keeps the home, write down:<\/p>\n\n\n\n