Selling a home after separation is often one of many stressful parts of a relationship ending. When both partners agree, the process is usually manageable. It’s more difficult when one person refuses to cooperate or deliberately blocks the sale. Legal solutions exist to prevent ongoing deadlock and financial harm.
Property ownership after separation
Separation does not automatically change legal ownership of a home. In joint ownership, both parties retain their legal rights until a formal agreement or court order alters them. This applies regardless of who moved out, who remains living in the property, or who’s paying the mortgage and household bills.
Because of this shared ownership, one partner cannot sell the property alone. In joint ownership, both parties retain their legal rights until a formal agreement or court order alters them.
Disagreements may stem from emotional attachment, concerns about housing security, or wider disputes about finances. In joint ownership, both parties retain their legal rights until a formal agreement or court order alters them.
Getting advice and attempting resolution
Getting legal advice early can be helpful. Experienced divorce solicitors can explain your legal position and the likely outcomes if the dispute escalates. Knowing what’s likely to happen if the dispute goes to court may help both parties make more informed and pragmatic decisions.
Negotiation is often the first recommended step. This can take place through solicitors or via mediation. Mediation involves an independent mediator who helps both parties explore options such as agreeing a sale date, arranging a buyout, or allowing temporary occupation with a clear end point.
Even where communication is difficult, formal written proposals can sometimes break the stalemate. When the letter comes from a legal professional, it can shift the tone and the other party may realise that continued refusal could lead to court action and extra costs.
When court involvement becomes necessary
Sometimes, the court must step in when negotiations fail. For married couples or those in a civil partnership, the court usually addresses disputes about selling the home during the financial proceedings that follow the end of the relationship. The court has broad discretion to order a sale if it considers this fair based on the overall financial circumstances.
For unmarried couples, or couples who have not started financial proceedings, one party may need to bring a claim under the Trusts of Land and Appointment of Trustees Act 1996. This gives the court authority to determine each owner’s share, order a sale of the property, and oversee the sale when an owner refuses to cooperate. The court evaluates financial contributions, purchase intentions, and actual use of the property to balance each owner’s legal and practical interests.
The court has the power to make practical orders to ensure a sale goes ahead. These measures can set timescales, require cooperation with estate agents, and allow the court to authorise documents even if one owner refuses to sign.
How children affect decisions about sale
The presence of children can influence the timing of a sale. Courts try to avoid disrupting stable living arrangements, particularly where one parent is the main carer. Maintaining continuity for children can justify delaying a sale for a limited period.
The court may order that the property is sold at a later stage (such as when a child reaches adulthood or finishes education).
Financial risks of refusing to sell
Blocking the sale of a jointly owned property can have serious financial consequences. Mortgage arrears, interest accumulation, insurance costs, and maintenance expenses continue regardless of personal disputes. If the property value falls, both owners share that loss.
Courts take a negative view of unreasonable obstruction. A person who causes financial damage by refusing to cooperate may be held responsible for that loss. They may also face an order to pay a share of the other party’s legal costs; this can significantly increase the overall expense of the dispute.
