Selling a House When Your Partner Doesn’t Want To!

There is nothing worse than being caught at the end of a relationship and wrapping it up. If you own your property and your partner’s name is not on the data, you are free and clear for them to move out and you continue with your life. However, if you both own the house together then you’re going to have to consider what comes next. It’s messy to end a relationship and it’s even messier when you both live together. Throw kids into the mix and you’re about to experience what’s known as a very messy situation. Instead of panicking though, you could investigate a partition process whereby you split ownership and you can sell the property and buy your partner out. You could also talk together with a mediator and discuss the cells of the house and what happens next. You need to be able to sell your home and if your ex-partner refuses to do it, you must consider your options. Here is how to sell your house even when your partner doesn’t want to.

When your partner doesn’t want to sell. If you own the house together and they don’t want to sell at the end of the relationship, you’re in for a bumpy ride. When one person doesn’t want to sell the house it’s usually an emotional decision. Couples who are breaking up will often disagree about whether to sell the house especially if there’s no friendship happening now.

To officially sell the house every owner on the deed needs to agree to the sale. You can’t just sell a house without their permission or their signature, and if you tried to forge that signature that would of course be fraud. A real estate agent can work with you to list the house for sale with the consent of one person, but when it comes to the finalization of that sale or parties need to consent to it for it to move forward.

Understanding your legal options is important, but communication is even more important than that. There are non-legal options, whereby you resolve the issue together without the help of a lawyer. This is where communication comes in. Talking together and listening to their reasons for not wanting to sell is important. They’re worried about the housing crisis, or they’re panicking about not being able to find anywhere else in the time frame given by the real estate agent. You could agree to give each other time to find somewhere new, or by each other out. It should not be an overnight decision even when hearts are breaking.

However, if you cannot come to an agreement then you need to consider what comes next here. You can plan to buy one of the others out, where they refinanced the mortgage and placed the deed in their name, or you could do it. This should always have legal representation and should not be done without some legal advice. You could also exchange the equity for another asset. If your ex-partner cannot afford to buy you out but they want to keep the house, you could trade another asset for sharing the house. This stops for example if you have a second home you could take that and the other one to keep the house that you’re trying to sell. If you have a vintage boat or a vintage car, you could swap and take that with that value.

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