My Ex Won’t Sign to Sell the House
If your ex won’t agree to sell the house after a separation, you’re not alone. This 2026 guide explains your legal rights, court options, mediation routes and practical solutions to help you move forward with confidence.
My Ex Won’t Sign to Sell the House – What Can I Do?
When a relationship breaks down, dividing assets can be one of the most stressful parts of the separation. For many couples, the biggest shared asset is the family home. But what happens if you want to sell the house and your ex refuses to sign?
In 2026, rising living costs, higher mortgage repayments compared to pre-2022 levels, and ongoing affordability pressures mean more separated couples are facing this difficult situation. If one person wants to move on but the other won’t cooperate, it can leave finances and futures in limbo.
Why Might an Ex Refuse to Sell the House?
It’s not uncommon for one party to resist a sale. The reasons can vary:
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Emotional attachment to the property
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Wanting stability for children
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Hoping property prices will rise
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Financial inability to rehouse themselves
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Spite or unresolved conflict
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Disagreement over the sale price
In 2026, another growing factor is mortgage affordability. Although interest rates have stabilised since their 2023 peak, many homeowners remain on higher fixed-rate deals than they were used to before 2022. If your ex cannot afford a new mortgage on their own, they may resist the idea of selling the house altogether.
Understanding the motivation behind the refusal is important, as it may shape your approach.
Who Legally Owns the Property?
Before deciding what to do, you must understand the legal ownership structure.
Joint Tenants
If you own the home as joint tenants, you both own 100% of the property together. There are no defined shares. If one person dies, the other automatically inherits the whole property.
In this case, neither party can unilaterally sell the house without the other’s agreement.
Tenants in Common
If you are tenants in common, you each own a defined share (for example, 50/50 or 70/30). This is common where one person contributed more to the deposit.
Again, both signatures are required to sell the house, but shares may affect how proceeds are divided.
Sole Ownership
If the property is legally in one person’s name only, that person can technically sell the house without the other’s consent. However, if the non-owner is married or has a beneficial interest, they may still have rights.
For married couples, matrimonial home rights can prevent a sale without agreement or court involvement.
What If You’re Married?
If you are married or in a civil partnership, the situation falls under family law.
Even if the property is in your sole name, your spouse may have “home rights.” In England and Wales, they can register these rights with HM Land Registry, preventing a sale without their knowledge.
During divorce proceedings, the court has wide powers under the Matrimonial Causes Act 1973 to order that you sell the house, transfer ownership, or defer sale until a later date.
The court’s priority is fairness and, where children are involved, their welfare.
What If You’re Not Married?
For unmarried couples, the legal position can be more complex.
Property disputes are usually dealt with under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). If one owner wants to sell the house and the other refuses, they can apply to court for an Order for Sale.
The court will consider:
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The intentions of the original purchase
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The purpose of the property
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The welfare of any children
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The interests of secured creditors (such as mortgage lenders)
Unlike divorce proceedings, unmarried partners do not benefit from the same broad financial redistribution powers. Ownership documentation carries significant weight.
Can You Force a Sale?
In short: yes, but usually through the courts.
If your ex refuses to cooperate and informal negotiations fail, applying for an Order for Sale may be your next step.
However, this is rarely quick or cheap.
The Reality in 2026
Court backlogs remain an issue across parts of the UK legal system. Although improvements have been made since pandemic-era delays, property and family cases can still take months to reach resolution.
Legal costs can range from several thousand pounds to significantly more if the matter becomes contested.
Because of this, many people try mediation before pursuing litigation.
Mediation as a First Step
Family mediation is strongly encouraged in 2026 before court applications. In many cases, you are required to attend a Mediation Information and Assessment Meeting (MIAM) before applying to court.
Mediation allows both parties to discuss:
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Whether to sell the house
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How sale proceeds would be divided
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Timescales
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Alternative arrangements (such as one buying the other out)
It is typically faster and significantly cheaper than court action.
If emotions are high, having a neutral third party can make negotiations more productive.
What If Children Are Living in the Property?
If children live in the home, courts may delay forcing a sale.
In divorce cases, a Mesher Order may be used. This delays the sale of the property until a triggering event, such as:
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The youngest child turning 18
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Completion of full-time education
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The resident parent remarrying
This arrangement allows children stability but can tie up equity for years.
If you urgently need to sell the house due to financial strain, this can be extremely frustrating. However, courts prioritise child welfare.
Mortgage Responsibilities During Dispute
Regardless of relationship breakdown, if both names are on the mortgage, both parties remain fully liable for repayments.
This is known as “joint and several liability.”
If your ex refuses to contribute and payments are missed:
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Both credit scores are affected
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Arrears accumulate
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The lender may begin repossession proceedings
In 2026, lenders continue to follow Financial Conduct Authority (FCA) guidelines on treating customers fairly, including offering temporary forbearance. However, this is not a long-term solution.
If mortgage payments are becoming unaffordable, resolving the issue quickly becomes critical.
Can One Person Buy the Other Out?
Often, the cleanest solution is for one person to remain in the property and buy out the other’s share.
This requires:
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A property valuation
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Agreement on equity division
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A new mortgage in one name (if applicable)
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Removal of the outgoing party from the title
However, stricter affordability assessments introduced in recent years mean not everyone qualifies for a sole mortgage.
Lenders in 2026 continue to apply robust income stress testing, even though rates are more stable than during peak volatility.
If your ex cannot secure a mortgage alone, this option may not be viable.
What If There Is No Equity?
Negative equity situations are less common than during the 2008 financial crisis, but they can still occur, particularly if the property was purchased at a market high or significant borrowing was involved.
If the property is worth less than the outstanding mortgage, selling becomes more complicated.
Both parties would need to:
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Agree to cover the shortfall
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Negotiate with the lender
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Consider debt advice
An unwilling ex may argue against selling if it would crystallise a financial loss.
Practical Steps If Your Ex Won’t Agree to Sell the House
If you’re facing this situation, a structured approach helps.
First, obtain an up-to-date property valuation. Objective figures reduce emotional arguments.
Second, gather mortgage information, including outstanding balance and monthly payments.
Third, attempt written communication proposing a reasonable solution. Keeping discussions factual rather than emotional is essential.
Fourth, explore mediation before escalating to court.
Finally, seek legal advice if cooperation fails.
Acting early prevents financial damage and prolonged uncertainty.
When Speed and Certainty Matter
Sometimes, the biggest issue isn’t just refusal, it’s delay.
Traditional open-market sales can take months. If your ex is dragging their feet, chain collapses or price disputes can prolong the process even further.
For homeowners who need clarity and closure, alternative selling routes may offer a practical solution.
A direct sale to a professional house-buying company can:
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Remove chains
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Provide a defined timescale
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Reduce negotiation disputes
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Offer greater certainty
While both owners must still agree to sell the house, a guaranteed offer can sometimes break deadlock by providing clarity on financial outcomes.
How Courts Decide Whether to Order a Sale
If the matter proceeds to court, judges weigh several factors.
In TOLATA cases (unmarried couples), they focus heavily on ownership intentions and financial contributions.
In divorce proceedings, courts consider broader fairness principles, including income, housing needs, and children’s welfare.
The court may:
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Order an immediate sale
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Postpone sale
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Adjust ownership shares
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Transfer ownership to one party
Every case is fact-specific. There is no automatic outcome.
Emotional vs Financial Decisions
One of the biggest obstacles when trying to sell the house after separation is emotional attachment.
The home may represent stability, memories, or a sense of control.
However, holding onto property out of emotion can create:
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Ongoing financial stress
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Credit damage
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Legal costs
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Prolonged conflict
Separating emotion from financial reality is often key to reaching resolution.
What If Your Ex Won’t Sign to Sell the House?
If your ex refuses to cooperate, you are not powerless, but solutions require structure and sometimes legal intervention.
In 2026, financial pressures, mortgage affordability, and legal delays make it even more important to act strategically.
Start with communication and mediation. Understand your ownership position. Seek legal advice where needed. And prioritise financial stability over prolonged conflict.
If both parties ultimately agree that selling is the best route, choosing a clear and secure method to sell the house can reduce stress and help you both move forward faster.
If you’re ready to resolve the situation and want a guaranteed, chain-free option, We Buy Any House can provide a secure offer and flexible completion timeline to suit your circumstances.
Moving on after separation is never easy, but with the right support and a practical plan, it is entirely achievable.