What to Do If One Spouse Won’t Sell the House During Divorce

What Happens If One Spouse Refuses to Sell?

Divorce is hard enough, add a house to the mix, and it can get even more stressful. One of the most common roadblocks divorcing couples face is what to do when one spouse refuses to sell the home. If you’re in Roanoke and trying to sell your house during a divorce, but your spouse is unwilling to cooperate, here’s what you need to know, and how to move forward.

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🤔 Why Would a Spouse Refuse to Sell?

There are a few common reasons one person might refuse to sell the house:

Emotional attachment to the home
A desire to stay for the kids’ sake
Belief that they can keep the house themselves
Control or spite, refusing to cooperate to stall or punish the other
Fear of losing money if the home hasn’t appreciated much

While these feelings are understandable, they can cause serious delays and financial strain for both parties.

🏛️ Can a Spouse Be Forced to Sell the House?

Yes, if the property is jointly owned, the court can order a sale as part of the divorce judgment. In Virginia, the family court has the authority to:

Order the home sold
Divide the proceeds equitably
Establish deadlines and conditions for the sale
Assign temporary possession of the property

If your spouse refuses to cooperate, legal action may be the only path to move things forward.

⚖️ Legal Tools You Can Use in Virginia

1. Partition Lawsuit

This is a legal claim filed when two or more people co-own a property, but one refuses to sell. The court can force a sale, even if one party doesn’t want to. Partition actions can take time and involve legal fees, but they’re a powerful option if you’re stuck.

2. Request Court-Ordered Sale Through Divorce Proceedings

If you’re still going through divorce, your attorney can ask the judge to order the home to be sold as part of your property settlement.

The judge may also:

Set a timeline for the sale
Appoint a real estate agent or mediator
Decide how to handle delays or obstruction

🧩 What If the House Is Only in One Spouse’s Name?

Even if your name isn’t on the deed, you may still have a legal interest in the property under Virginia’s equitable distribution laws.

If the home was acquired during the marriage
Or paid for using marital income or contributions

…then it may be considered marital property and you can still seek a fair share, or ask the court to force a sale.

🛑 Signs You May Need Legal Help

If your spouse is:

Refusing to sign listing agreements
Sabotaging showings or repairs
Living in the house rent-free and won’t cooperate
Blocking communication or stalling the process

…these are signs it’s time to involve a divorce attorney or mediator to take control of the situation.

💡 The Fastest Way Forward: Agree to a Quick, Fair Sale

If you can get your spouse to agree, even reluctantly, selling your house fast for cash may be the least stressful option for both parties.

At Linken Investments, we work with divorcing couples in Roanoke and surrounding areas to:

Buy homes as-is (no repairs, cleaning, or showings)
Coordinate with both spouses or their attorneys
Close quickly and distribute proceeds fairly

This solution can eliminate conflict and help both parties move on with their lives—no waiting, no drawn-out court battles.

📞 Stuck With a Spouse Who Won’t Sell?

Let’s talk about how we can help. Even if you’re in the middle of a tough situation, we can work with both sides or your legal team to get a fair resolution.

📱 Call or text us today at 540-523-1591
📩 Or request a free, no-obligation cash offer below