So, it’s time to sell a property that you co-own. One problem, you say, “I want to sell my house, but my husband doesn’t!”
Have you thought about selling your home for cash? Have you tried to convince your spouse, former business partner, or ex that selling for cash is easy and has a lot of benefits that working with a realtor doesn’t?
Whether you think working with Move On House Buyers to sell your home quickly will help your situation or if you’re having continuing disputes with your partner, this article will help you understand how to sell a house when one partner refuses.
Figure Out What Your Partner’s Real Problem Is
You can avoid litigation altogether by finding out what your partner’s real issue with selling is. Especially if you’re in the process of divorcing or have an otherwise broken relationship, it can be easy to assume that they’re holding on to spite you.
It Might Not be Spite
In truth, your former partner might just be scared about losing the property. They could be uncertain about the value of selling or they’re having difficulty picturing their life without this property in it. Especially if it’s a home you’ve raised children in.
Being understanding and reaching out for other forms of consolidation, or addressing these fears directly, can make all the difference in these proceedings. You may even gain an ally instead of a roadblock.
You May Still Have to Settle in Court
Now, if your partner wants to hold on to selling rights simply to exert power over you, then likely not much can be done individually. For example, if after the divorce the husband refuses to sell the house even though he agreed to, you may need to get the dispute settled in court.
Figure Out Your Share of Ownership
This can be complicated. If you don’t have your name on the deed, or if you and your partner both signed it, then figuring out who should take full ownership of the property may boil down to how much investment one person has contributed to the home.
This means breaking down:
- Percentage of mortgage payments paid
- The value of labor and investment in home improvements
- Who contributed more to the down payment
If one person contributed far more financially to the property, they are more likely to gain ownership. However, it may not be that cut and dry. Especially if your ex still won’t sign to sell the house, even after these financial investment comparisons.
After boiling down each owner’s contribution to the property in dollar amounts and investments, if you still can’t reach an agreement, you’ll have to involve a lawyer. But first, sit down and have mediation for one or two of the major issues.
If a day of even-headed focused discussion can’t bring about a compromise, having an arbitration session will finally seal an agreement.
When one spouse wants to move and the other doesn’t, you may enter a legal dispute, as covered above. If you’ve gone to court to decide if full ownership should be transferred to you, but the court decides that the property remains co-owned, you still have options.
You force a sale by filing an application to your local courts, demanding they make the other party accept that you want to sell. This could be settled by the court in several ways. The court could:
- Refuse the sale
- Refuse the sale but put a stipulation on the other party living on the property
- Order the sale
- Order the sale but suspend the sale so the partner can exit the premises
- Or, in special circumstances, the property will be partitioned
Ordering the court to decide can be expensive, and you’re not guaranteed to get the ruling you want. It’s usually best to see if you can find a way to settle these disputes out of court first.
Just Buy Out Your Partner, Or Sell Your Share
There might not be any more options. It may be time to move on or help your partner move on from this opportunity by selling your shares or buying their shares.
If you have the capital, it might be best to put an offer on the table and buy out your partner. This way, they will receive some return on their investment, though they will no longer have any hold on the property.
At some point, enough is enough. No longer struggle with the question, “Can I sell my home without the cosigner?” and just cut your ties altogether. Decide to sell your ownership back to your partner or to a third party. This is not a viable option if the property you’re having a dispute over happens to be your marital home instead of a business, inherited property, or land.
However, in other land disputes, it can be a good solution.
What Happens if One Person Wants to Sell a House and the Other Doesn’t?
The answer isn’t simple. However, you have many options when you’re figuring out how to sell a house when one partner refuses. Even if your ex won’t sign to sell the house, there are still ways you can start getting a return on the investment you made into a home you no longer want. Or choosing to sell for cash can help you convince the other person that it’s time to sell.
If you have questions about how we buy homes for cash, looking over this FAQ can help you understand the process. After that, if you’re convinced or you still have lingering questions, contact us! Our friendly service representatives are ready to accept calls or reply to you via email with the information you need to know.
When you contact Move On House Buyers, you can get a no-obligation cash offer on your home today! So, what are you waiting for?