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Disagreeing on Whether to Sell Your House During Divorce

Posted on in Property Division

Disagreeing on Whether to Sell Your House During DivorceMany couples going through a divorce will agree to sell their marital home rather than deciding on which one of them will keep it. The size and cost of the house may be impractical for one person, and including the house in the division of property can make it more difficult to equitably divide the properties. By selling the house, the divorcees can more easily divide the money that they receive from the sale. However, what can you do if your spouse will not agree to sell your house? You may have legal remedies that will allow you to sell your home, depending on whether your spouse is being unreasonable in obstructing the sale.


Before trying to force the sale of your marital home, you should consider why your spouse is objecting to the sale. They may have a good reason for not wanting to sell the house or wanting to wait before moving forward with the sale:

  • They may want to settle other financial issues related to the divorce so they will know whether they can still afford the marital home.
  • They may be trying to avoid uprooting your children during the school year.
  • They may have a personal connection to the house if it belonged to a relative.
  • They may believe that you need to make renovations to the home before selling it.
  • They may believe that the housing market will become more favorable if you wait.

Your spouse may also try to prevent the sale for impractical reasons, such as wanting to delay having to move out or being spiteful towards you.

Your Response

When your spouse disagrees with you on selling your home, your first response should be to try to negotiate a compromise. They may agree to the sale if you are willing to wait or give them other marital assets as compensation. They may also offer you compensation for allowing them to keep the house. However, your spouse may behave unreasonably, such as rejecting reasonable offers or actively obstructing your attempts to list the house or show it for potential buyers. In this situation, you should discuss with your attorney whether you have the right to request a court order that would force your spouse to cease their obstruction.

Contact a McHenry County Divorce Lawyer

It is often beneficial to move quickly when selling a house during a divorce in order to save money on continuing to pay for the home. However, there are also situations in which being patient will allow you to receive more value in the sale. A Crystal Lake, Illinois, divorce attorney at Botto Gilbert Lancaster, PC, can advise you on the best ways to approach selling your house during a divorce. Schedule a free consultation by calling 815-338-3838.



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