By Belen Alfaro Real Estate

How to Sell a House When One Partner Refuses?

Lots of reasons appear in anyone's life to sell their home. Sometimes, it's necessary to invest in something else, while the other time's people want to go with the decision just because of the hot market rates.

When there are many reasons for anyone to sell the house or apartment, there are also other essential reasons where dual ownership becomes a major obstacle to selling the home. In other words, it's the case where one partner is ready, and the second is not prepared to sell the house.

If we talk about the real estate agents, they can easily list a house or apartment for sale without any individual's approval. For listings, there is no rule or necessity of signature required to approve the agreement. However, some situations happen where the signature's approval is required, such as the property transaction.

The majority of the time, real estate agents are well-known about the drawbacks of dealing with such parties. Therefore, they understand that from the start, any one of the dual owners would not corporate. Therefore, expecting any co-operation from their side is false to believe. Moreover, it can become a messier situation to complete the sale and receive a fair offer and put all the marketing efforts for the property when one of the buyers is not ready.

Another critical issue that arises at the time of such situations is the restraining orders. Sometimes, the amount of money at the end of every owner gets will make the situation more manageable. However, sometimes it becomes a hectic procedure when a person who is not interested in the deal is more powerful than other owners. Therefore, the pride issue comes in between that doesn't value the money at all.

The property a person owns and the name mentioned on the documents is another essential thing in the whole procedure. Let say the document has your name on it; then, you are easy to sell it without any hurdles. Moreover, you are not liable to request the approval of your partner.

The majority of the time seller understands the situation about the deed. However, some confidential documents make the entire process harder for them. So, how can you make the selling procedure possible when the other partner is refusing it.

The Basics:

When you are worried about selling a house in such situations, it's better to consult the advice for yourself. For that, you have to visit the legal adviser and ask for their professional and beneficial advice. However, the advice needs to be in a nutshell. As you know, nothing will happen without the permission of both parties when you both own the house or apartment.

As a husband, you have transferred the property ownership to your ex. Even in these conditions, the opponent can't sell the house or apartment without approving your permissions.

If we take this thing to a different angle, then you should have a safety net. You can't attempt things like throwing the opponent out of the house or apartment. If you are the sole owner and living with the partner together in the home, and doesn't have any written agreement that shows the property's financial interest, then the legal status would be minimal for you. At the same time, you can't get beneficial results even after proceeding to the court for sale purposes.

If the Partner Refused:

If your partner doesn't want to sell the house or apartment and wants it to sell, you have to take action and go to court for sale. On the other hand, the other person has to go for the petition in the court. In the petition, anyone would ask the court to buy the house or apartment as per the market price.

A person owns the property, but the partner is not allowing the permission to sell, then the court would take a mid-way for both parties. The court would allow the selling procedure, but they also let the process be done depending upon some guidable circumstances.

How Much a Person expect from the Selling of a house?

Having a home selling condition where the partner is not allowing the permission, but you have sold the home. Now, what would be the amount shared between both parties? That's the type of question that might come into your mind.

In general, you might think that the amount will divide 50/50 to both parties. However, it's not the real case ever for you or someone else. No one would say about the figure you or the other partner would receive in the entire period. Therefore, it doesn't mean that both parties will share a 50/50 amount out of it.

The entire thing depends upon the circumstances and decisions both of you have made when purchasing the property together. If you agreed that both parties would get 50/50 even after spending more amount, then the proceeding will happen as per the agreement.

If both parties didn't come up with a viable agreement, then the next thing will decide from the courtside. They will be the ones who will make a better decision for both parties. However, the decisions will never show un-justice for any single party throughout the time. Several factors tend to include in this procedure.

In some situations, the court might not allow you to sell the property depending upon the time of your marriage and the children with its age. Therefore, you might also see the court's situation not to sell your home and stay until the children's will grow up. In that case, the one who doesn't want to sell the house will have to pay the other party's rent price.


Are you the one who wants to sell the house or apartment, but your partner is refusing it? If yes, then you might want to know about the procedures and experiences related to selling the home in such situations.

Luckily, we have shared every detail for you in this article that will help out a lot. So, read the entire article and learn more about the same situation.