Navigating relations with a past partner can be emotionally challenging at the best of times. Once you add shared assets like a house into the equation, the situation becomes particularly challenging.

In this post, we’ll run through the most relevant matters of forcing a house sale. This includes how to apply for a court order, what to do if your partner refuses to comply, and the potential consequences of non compliance for your ex husband or wife (including prison time).

What Happens If My Ex Ignores a Court Order To Sell a House?

If an individual fails to comply with a court order, the court can sign documents on their behalf to enforce the sale. It can also give the other party sole conduct of the sale (meaning they can liaise with estate agents and buyers independently).

The party who ignored the court order may face a fine, or serious legal consequences – including even imprisonment (as outlined in the Contempt of Court Act 1981).

What is a Court Order to Sell a House?

In a court order, a judge legally mandates a house sale. It usually involves terms, such as a timeframe within which the property must be sold.

A court order is the result of a formal hearing, which allows both partners to argue whether they want to sell the house and why. For example, if there are children involved, one partner may wish to remain in the property to raise them.

In some cases, there may be an agreement for one party to buy out the other party’s share instead of a sale that splits the proceeds between the two parties.

If the other party fails to comply with the judge’s decision could result in serious penalties.

What is a Court Order to Sell a House?

How to Enforce a Court Order (Even If Your Ex Is Ignoring It)

Have an order that you want to escalate with the relevant authorities? The steps below outline the process in full.

1. Seek Legal Advice

Seek Legal Advice

Court-ordered property sales can be complex, so it’s best to seek legal advice so a solicitor can make an application on your behalf. This will help you avoid delays and boost your chances of getting the outcome you want.

2. Sever Joint Tenancy (If Applicable)

Sever Joint Tenancy (If Applicable)

You and your ex-partner may own the house as either beneficial joint tenants (meaning you both have equal rights to the property) or as tenants in common (meaning you both have a share of the property).

If you are beneficial joint tenants, your first step should be to sever the joint tenancy by making an application with the Land Registry.

You will also need to write to your ex-partner to inform them.

After severing the joint tenancy, you will own the property as beneficial tenants in common, meaning you are both entitled to an equal share.

If you are already tenants in common, you can go directly to the next step.

3. Apply for a Charging Order

Apply for a Charging Order

Next, you must submit a Charging Order to the County Court, which means you’re placing a charge on the property as you are owed money. This formalises that your ex-partner is in debt to you.

As part of the application, you will need to explain why you need a Charging Order and prove the equity that belongs to both you and your ex. This is why it is so important to work with a solicitor.

4. Register Charging Order

Register Charging Order

If your Charging Order is granted, you must then notify the Land Registry.

5. Apply for an Order of Sale

Apply for an Order of Sale

After registering your Charging Order, you can wait for the property to be sold. This way, after the sale, you will automatically receive the proceeds you are owed.

Otherwise, you can apply for an Order of Sale to speed up the sale. Usually, this results in a Hearing, during which the court decides how to proceed. The outcome will be legally binding.

6. Explore Legal Action

Explore Legal Action

In some cases, one spouse may still fail to comply with the court’s instructions, meaning further legal action or a final hearing will be needed.

This could include the following:

  • Enforcement Orders: The court can issue an enforcement order to ensure compliance with the original order.
  • Financial Compensation If you have proof that you had suffered financial loss due to the breach of the court order, you can apply to the court for compensation.
  • Modification of Orders: The court can change existing arrangements if someone breaches an order.
  • Seizure of Assets: In more severe cases, the court may allow the seizure of assets or wage garnishment to enforce compliance with its orders.
  • Referral to Mediation: The court may send parties to mediation or a separated parents information program. This helps resolve disputes without further legal action, with a focus on open communication and finding common ground.

But it’s also possible to apply directly…

How Much Does it Cost to Force a House Sale?

As with any legal process, the costs can vary significantly depending on various factors. These include:

  • Location
  • Complexity of the case
  • Solicitors used
  • How quickly the case is resolved

You will need to pay both court fees and solicitor fees, which can be expensive.

Sometimes, the court may order your ex-partner to pay your legal fees in a forced sale if they have shown poor conduct or acted unreasonably.

How Long Does it Take to Enforce a House Sale?

The time required for a court to force a house sale varies depending on various factors.

In the best case scenario (your ex-partner cooperating once the court is involved), it may only take a few months. But if disputes continue, it could take a year or even more.

Factors like the complexity of property disputes and whether or not you have enlisted legal counsel can also affect how long this process takes.

There are also some specific circumstances when the court can speed the process up, such as domestic abuse cases or financial difficulties. However, you will have to provide evidence.

Possible Outcomes of Attempt to Force a House Sale

After requesting court ordered house sales, the court’s decision will be one of the following:

  1. Judge refuses sale, perhaps due to a lack of equity in the property or a sale that is deemed unfair.
  2. Judge refuses sale but makes an order regarding how the parties use the property. For instance, they might require one person to move out or to pay rent.
  3. Judge issues order for sale, detailing specific sale arrangements.
  4. Judge issues a delayed order for sale. This may be used to ensure children can remain in their family home until the youngest child reaches the age of 18.
  5. Judge issues a partition order. This gives each party ownership of a specific part of the house, and is uncommon.

Possible Outcomes of Attempt to Force a House Sale (If Your Ex is Ignoring a Court Order)

Other court orders that may be relevant to your case include:

  • Mesher Order: Allows one party to remain in a property while delaying its sale until a specific event occurs, such as when children reach adulthood.
  • Financial Order: Outlines how to divide assets and debts between two people.
  • Consent Order: Records an agreement between two parties about details like asset division.
  • Possession Order: Requires a one of the owners to leave a property.

Different Types of Court Order (if Your Ex is Refusing to Sell The House)

Financial Settlements and Jointly Owned Property

The distribution of sale proceeds may vary depending on whether the two parties have a jointly owned property with 50:50 ownership or are Tenants in Common.

In a joint mortgage, both parties involved are fully responsible for mortgage payments, meaning if one defaults, the other must cover the entire debt. Lenders can pursue either party for missed payments, leading to potential repossession.

Tenants in common have more control over their share of the property (although in practice, it is unlikely that a buyer will be willing to purchase a share of a house). They are each responsible for their own share of mortgage repayments, though they will be pressured to may need to cover the other tenants’ share in certain circumstances.

Like joint owners, tenants in common must have permission of the other tenant for a sale.

It’s a good idea to consult your mortgage lender if you have any doubts.

Quick Home Sales with Property Solvers

Due to the challenging circumstances of an ex-partner ignoring a court order to sell a house, a quick house sale may be the best option for your well being. Home buyers like Property Solvers can provide a viable solution.

We specialise in cash purchases, offering a smoother process without all the stress of finding a buyer on the open market. We often complete transactions in as little as seven days.

This can help alleviate the stress associated with disputes and legal battles, allowing both parties to move on without the burden of an unsold property weighing either of you down.

Our services are particularly beneficial for those facing complex situations, such as properties with legal complications or tenants in arrears, as we are the go-to estate agents across the UK.

Property Solvers provides a reliable pathway for individuals navigating the challenges of post-divorce property sales while adhering to court orders.