Ex-partner refuses to cooperate with house sale

In brief

If the property is jointly owned and one of the partners refuses to cooperate with the sale, the court can be asked to enforce the sale or grant substitute authorization.

The property remains joint property until the deed of division is signed; both must consent to the sale or buyout.
Refusal without a valid reason can be considered an unlawful blockage; the court can still order the sale.
A recent appraisal and a draft purchase agreement are often required as evidence in court.
Timely communication with the mortgage lender prevents problems during a long-term impasse regarding the property.
Depending on the circumstances, Mediation can help in the event of an emotional or practical impasse before Legal proceedings become necessary.

Legal framework: ownership and cooperation

As long as the property has not yet been legally divided, both ex-partners remain co-owners.
This means that decisions regarding the sale, real estate agent, or price can only be made jointly.
If one party refuses, you can file a petition through your lawyer with the court to:

obtain authorization to sell alone, or
request a judgment of division through which the property is sold or allocated to one of you.

The court assesses whether the refusal is reasonable and considers the interests of both parties, any children, and the financial situation.

Step-by-step plan for a non-cooperative ex-partner

1. Inventory

Map out all documents: title deed, mortgage overview, correspondence with the ex-partner, and any appraisal.

2. Consultation or Mediation

Try to reach agreements through a lawyer or mediator regarding the selling price, real estate agent, and the division of costs.

3. Written formal notice

If consultation fails, the lawyer can formally demand the ex-partner’s cooperation with the sale.

4. Legal proceedings

If cooperation is still not forthcoming, a substitute authorization or judgment of division can be requested through the court.
The judge can determine that the property must still be sold, possibly through a designated real estate agent.

5. Execution and settlement

Following the judgment, the sale is executed. The notary divides the proceeds or settlement according to the judgment or settlement agreement.

Scenarios

Consultation

Sometimes a clear financial overview helps: what will the sale yield, and what remains? With guidance, a voluntary sale is often still successful.

Mediation

A mediator can help structure emotions and make practical agreements regarding the sale and the division of costs.

Legal proceedings

If consultation and Mediation do not work, Legal proceedings remain the only option. The judge can appoint a real estate agent or enforce the sale.

International

Does one of you live abroad, but the property is located in the Netherlands? In most cases, the Dutch court has jurisdiction (Brussels II-ter).

Would you like to know more if your ex does not cooperate with the sale of the property?
Schedule an appointment with us.

Practical examples

1. Sale via substitute authorization
A client wanted to sell, but the ex-partner blocked every step.
Following a petition to the court, the judge granted substitute authorization; the property could still be sold and the equity was divided proportionally.

2. Mediation with a refusing party
In another case, it became clear through Mediation that the ex-partner was afraid of residual debt.
After gaining insight into the figures, he eventually agreed to the sale at market value.

3. International situation
In the case of a Dutch-British couple, the partner in London refused to sign.
The Dutch court ruled that the sale had to proceed because the property was subject to Dutch law.

Our Attorneys at Law

At Simmelink Lawyers, you work with lawyers specialized in family law, international family law, and inheritance law. We work intensively together on solutions that are legally sound and do personal justice to your situation.