WHAT HAPPENS If ONE SPOUSE REFUSES TO SELL THE MARITAL HOME

What Happens If One Spouse Refuses To Sell The Marital Home.

1. Negotiation and Mediation

First, it’s best to try resolving the issue through negotiation or mediation. Sometimes one spouse wants to keep the home (maybe for the kids or stability), and the other wants to sell. Mediation can help find a solution, like:

• One spouse buying out the other’s share.

• Delaying the sale (e.g., until the kids are older).

• Offsetting the house value with other assets.

2. Court Intervention

If no agreement is reached, either spouse can apply to the court to have the home sold under the Family Law Act or Partition of Property Act. The court may:

• Order the home to be sold, especially if both parties are on title and it’s considered family property.

• Allow one spouse to stay temporarily, but order a sale later.

• Force a buyout, where one spouse is required to purchase the other’s interest.

3. Can One Spouse Block a Sale Forever?

Not usually. If the home is jointly owned, one spouse can’t unilaterally block a sale forever. The court can override a refusal if it’s not reasonable or fair.

4. Exclusive Possession

In rare cases, the court may grant exclusive possession of the home to one spouse (usually for safety reasons or child stability), but this is usually temporary and doesn’t eliminate the other spouse’s ownership.