When a relationship ends, disagreements about the family home are extremely common. In many financial settlements, the court will order the property to be sold so the proceeds can be divided fairly. But if one person refuses to cooperate, the situation can quickly become stressful, costly and legally complex.
Ignoring a court order is never a minor issue. The courts expect both parties to follow their instructions and failing to do so can lead to serious financial and legal consequences. This article explains why the court may order a sale, what counts as non-compliance and the steps the court can take if one person blocks or delays the process.
Why the court may order a sale
A court can order the sale of a property in several situations. The most common is during divorce or separation when the parties cannot agree on what should happen to the home. The order may require the house to be listed, reasonable offers to be accepted and all sale documents to be signed within a specific timeframe.
In other situations, such as disputes between unmarried co-owners, the court may order a sale under property law. Regardless of the legal route, once the order is made, both parties are expected to comply.
Related: Who Gets the House in a Divorce?
What non-compliance looks like
Some people openly refuse to sell, but more often non-compliance is subtle. It may involve repeatedly delaying paperwork, refusing to approve estate agents or rejecting sensible offers without reason. Other people block access for viewings, remove the property from the market or simply ignore communication from solicitors and estate agents.
Whether they’re intentional or not, these actions can amount to breaching the court order. Even small delays can lead to significant financial consequences, especially if the mortgage or insurance continues to fall on one person.
Why the court takes breaches seriously
Once the court has assessed the financial circumstances and decided that a sale is necessary to achieve a fair outcome, that decision must be respected. A refusal to cooperate undermines the purpose of the order and can place the other party under financial strain.
Judges expect both parties to act reasonably and fulfil their obligations. When someone obstructs the process, the court has the power to intervene and ensure the sale goes ahead.
What happens next: how the order can be enforced
If the other party is ignoring the order, you can apply to the court for enforcement. The court has a range of options and the steps taken will depend on the seriousness of the non-compliance.
Giving one party sole conduct of the sale
This is a common solution where one person is causing delays. The court can remove the uncooperative person from the decision-making process entirely. The other party then takes full control of:
- Selecting the estate agent
- Setting the asking price
- Reviewing and accepting offers
- Signing the necessary paperwork
This allows the sale to progress without interference.
Authorising signatures on behalf of the obstructing party
If one person refuses to sign the contract of sale or transfer deed, the court can authorise a judge or court officer to sign on their behalf. This prevents the sale from collapsing at the last moment.
Issuing further orders to force the sale
If the property isn’t on the market yet, the court can issue directions requiring it to be listed immediately. It may also set deadlines for accepting offers or completing the sale.
Considering contempt of court
In cases where someone repeatedly defies the court’s instructions, the judge may consider whether their behaviour amounts to contempt of court. While imprisonment is rare, the court can impose fines or suspended sentences in serious situations.
Financial and practical consequences of delays
Ignoring a court order often leads to significant financial loss. Mortgage payments, utilities, service charges and insurance may continue to accumulate. If the property market changes during the delay, the final sale price could be lower. Buyers may also withdraw if the sale appears complicated or slow.
Further court applications increase legal fees for both sides. If the court decides that one party has acted unreasonably or deliberately obstructed the process, they may be ordered to pay the other party’s legal costs.
There are also practical consequences. Prolonged uncertainty places emotional strain on both parties and can be especially difficult for children who need stability.
Protecting your position if the other party is refusing to sell
If you suspect that the other person is obstructing the process, seek legal advice as soon as possible. A family law solicitor can assess the order, identify breaches and advise on the most effective enforcement route.
It can be useful to keep:
- A written record of attempts to communicate
- Evidence of missed deadlines or ignored emails
- Notes from your estate agent about lack of cooperation
- Proof of financial loss due to delays
Well-organised evidence helps the court understand what is happening and supports your case for enforcement.
When legal support becomes essential
Some matters can be dealt with on your own. But you should contact a solicitor if:
- The sale is stalled and you cannot progress
- The other party refuses to sign documents or respond
- You are facing financial loss due to delays
- Children or complex assets are involved
- The existing order needs updating or clarifying
A solicitor can prepare the necessary documentation, make the enforcement application on your behalf and represent you in court if required.
Talk to our family law team
Please note that this article is solely for informational purposes. It’s not a substitute for legal advice. We encourage readers to contact Osbourne Pinner for case-specific guidance.
Start with a free 30-minute consultation at our offices or remotely. You can speak to us on a video call or visit our offices. We’re based in Harrow, Canary Wharf and Piccadilly Circus. And if you’re based in Manchester, our new North-based office is close by too. Arrange your consultation by calling 0203 983 5080, emailing [email protected] or using the form below.
