My ex is refusing to sell the house – What can I do?

25 March 2026

In an ideal world, your divorce will be smooth sailing and your assets will be split fairly and efficiently.

Sadly, this is not always the case and the home you shared with your partner can be a sore subject when it comes to selling.

Disputes can often arise if one of you wishes to sell whilst the other wants to remain in the property.

Whatever the reason, you may need to take legal action if an agreement cannot be made.

The importance of a consent order

Whenever you are managing how your assets will be divided in your divorce, you will need to get a financial consent order.

A consent order is a legally binding agreement that will explain how your finances, including your home, will be dealt with and this is approved by the court.

You could be left in a difficult position if you do not have one of these in place, as your ex may be able to delay or avoid the sale without immediate legal consequences.

What if I already have a consent order?

Even if you were as prepared as possible and you have a consent order that includes the sale of your property, your ex may still refuse to cooperate.

We know how frustrating it is to go back to the drawing board with your discussions, but mediation can be an effective way to resolve these issues amicably.

However, this is not always guaranteed to work and you may need to go to the courts if your ex continues to obstruct the process.

The court has the right to enforce your consent order as long as you can show clear evidence of your ex preventing the sale. This could be them refusing access to viewings or interfering with estate agents.

Can the court order the sale of my house?

The court has the power to step in and order that the property be sold or even require your ex-partner to leave the home.

It can also grant you control over the sale process and allow you to proceed without their involvement.

However, they will not take these decisions lightly and will carefully consider the circumstances, including the impact on both parties and any children involved.

If your ex’s actions have gone that one step further and caused financial loss, the court may revisit and adjust the financial arrangements to reflect this.

Where do we come into this process?

We know that when divorce proceedings are dragged out, it can be emotionally draining and these disputes can stop you from moving on.

That is why seeking legal support as early as possible can give you a clear understanding of your options and help you protect your assets.

We can help assess the best route for resolution and gather the necessary evidence to enforce your agreement.

We also work in conjunction with mediators to help you reach a fair agreement efficiently and avoid costly and stressful court proceedings.

You don’t have to let your ex-partner rule the outcome of the home. Let us help you take control and bring this chapter to a close.

For further advice on managing a disagreement in your divorce proceedings, contact our team today.