My Spouse Is Ignoring the Order for Sale of the Family Home. What Can I Do?

The classic scenario is that the person comfortably housed in the property wants to stay there for as long as possible and the other person is desperate to sell perhaps because they are living in rental accommodation and unable to move on until they get their share of the proceeds of sale.  

If your spouse is refusing the market the property at all within the timescales set by the order then quite obviously the threat of returning the matter to the court will have to be made.

If, on the other hand, the property is being marketed but your spouse is refusing to accept any offers then you will need to take advice from your estate agent.  The key question is whether he or she is being unreasonable.  Is it realistic to expect to receive a higher offer within a reasonable time frame?

If the estate agent feels that the offers being made are capable of acceptance you will need them to put this advice in writing.  You would use this in support of an application to enforce the order.  Often the threat of such an application is enough to get things moving.  If not your solicitor can advise you with regard to your enforcement options for example you could seek an order that any offers over a certain figure have to be accepted.  It is also possible (but not guaranteed) to obtain a costs order to cover your legal fees in making the application.  

George Green’s Specialist family and Divorce lawyers give advice regularly on divorce and the financial aspects of divorce.   If you wish to discuss your matter please Jane Williams on 01384 340 528 (jwilliams@georgegreen.co.uk at our Cradley Heath office.  We represent clients from the West Midlands and beyond including Dudley, Stourbridge, Cradley Heath and Wolverhampton.