My ex refuses to sell our home – what can I do?

If a couple cannot agree on what to do with the property, it is possible to apply to the court for an “Order for Sale” as part of divorce or dissolution proceedings. This situation occurs when a couple cannot agree on how to divide a shared property, or if one party cannot afford to buy out the other.

Once an Order for Sale is made the court has the authority to order an immediate sale of the property, and specify the terms of the sale such as the sale price, how the proceeds of sale will be divided, and when the property should be sold.

The court may also decide who can live in the property until it is sold, and who will have conduct of the sale.