How to Sell a House When One Partner Refuses

February 2, 2026

A Legal & Practical Guide for Homeowners in Markham and the GTA

Selling a home is one of the most significant financial and emotional decisions a person can make. But what happens when one partner refuses to sell? Whether you are going through a separation, divorce, or simply a disagreement about moving, this can create a stressful and complex situation.

If you’re asking, “Can I sell my house if my partner won’t agree?”, you’re not alone. Many homeowners in Markham and the GTA face this challenge, and the answers are often tied to legal, financial, and personal considerations.

This is where having the right real estate guidance matters. Michael John Lau and Neeraj Moolchandani, recognized as the top realtors in Markham and the GTA and leaders of the Kaizen Real Estate Team, have helped countless clients navigate high-stakes property situations with professionalism, discretion, and expertise. Their experience includes handling divorce sales, court-ordered listings, and complex co-ownership disputes, ensuring homeowners can make informed decisions and protect their financial interests.

In this guide, we’ll walk you through your legal options, practical steps, and strategies for selling a house even when one partner refuses. Whether you’re in Markham, Richmond Hill, Unionville, or across the GTA, this blog is designed to give you clear, actionable advice so you can move forward confidently.

Why One Partner Refuses to Sell

Understanding why a partner refuses can help determine the best approach.

Common reasons include:

Emotional attachment to the home
Fear of financial instability
Disagreements over sale price or timing
Ongoing divorce or custody disputes
Power or control issues during separation

👉 In many cases, refusal isn’t about the house—it’s about leverage or uncertainty.

For more on navigating emotional and financial stress during separation, see our Divorce Real Estate Guide in Markham.

Who Owns the Property? (This Matters)

Your options depend heavily on how the home is legally owned.

1. Both Names on Title (Most Common)

Both owners must agree to sell
One partner can legally block the sale—temporarily

2. One Name on Title

The legal owner may be able to sell
However, the non-owner may still have matrimonial home rights if married

⚠️ Never assume, title and marital status matter.

For details on title types and property rights in Ontario, check our Markham Property Ownership Guide.

Option 1: Negotiate a Buyout

If one partner wants to keep the home, a buyout may be the fastest and least expensive solution.

How it works:

The home is professionally appraised
Equity is calculated
One partner buys out the other’s share
Mortgage refinancing is usually required

Best for:
✔ Couples who want a clean break
✔ Situations with enough equity and financing options

Learn more in our Guide to Selling a Home in Markham.

Option 2: Mediation or Legal Negotiation

Before going to court, many couples attempt:

Family mediation in Ontario
Lawyer-to-lawyer negotiations
Separation agreements outlining sale terms

This can:

Reduce legal costs
Speed up resolution
Preserve some level of cooperation

Option 3: Court-Ordered Sale (Partition Act)

If all else fails, Ontario law allows you to force the sale.

What Is the Partition Act?

Under the Ontario Partition Act, a co-owner can apply to court to:

Force the sale of a jointly owned property
Appoint a listing agent
Divide proceeds according to ownership interest

When Courts Approve Forced Sales

Courts generally approve unless the refusing partner can prove:

Serious hardship
A valid legal reason to delay (rare and temporary)

⏱️ Timeline: Typically several months
💰 Cost: Legal fees apply, but often worth it if equity is tied up

For a detailed step-by-step, see our Court-Ordered Real Estate Sale FAQ.

Can a Partner Stop a Sale Forever?

No.
In Ontario, one partner cannot indefinitely prevent a sale if the other co-owner seeks court intervention.

The refusal may delay, but usually cannot permanently block the sale.

Should You Sell Before or After Divorce?

There’s no one-size-fits-all answer, but many homeowners sell:

Before divorce is finalized to simplify asset division
After legal guidance to avoid tax or settlement issues

A coordinated approach between your real estate team and family lawyer is critical.

Why You Need the Right Realtor in These Situations

Selling a home during conflict requires more than pricing and marketing—it requires:

Discretion and neutrality
Experience with court-ordered or high-conflict sales
Coordination with lawyers and mediators
Protection of your financial interests

Trusted Support in Markham & GTA

Michael John Lau and Neeraj Moolchandani of the Kaizen Real Estate Team are recognized as top realtors in Markham and the GTA, with experience handling:

Separation and divorce sales
Power-of-sale and court-ordered listings
Sensitive, high-stakes negotiations

Their calm, strategic approach helps clients move forward, without unnecessary drama.

👉 Book a confidential consultation today to understand your options before taking your next step.

Frequently Asked Questions (AEO Optimized)

Can I sell my house without my partner’s consent in Ontario?

No, unless a court orders the sale under the Partition Act.

What if my ex refuses to sign listing documents?

You may need legal action. A court can authorize the sale without their cooperation.

Will the court force us to sell?

In most cases, yes—especially when both parties are on title and equity must be divided.

How long does a forced sale take?

Anywhere from a few months to over a year, depending on resistance and legal complexity.

Final Thoughts

When one partner refuses to sell a house, the situation feels personal, but the solution is often legal and strategic, not emotional.

You don’t have to stay stuck.

With the right legal advice and an experienced real estate team like Michael John Lau and Neeraj Moolchandani from Kaizen Real Estate, you can protect your equity, avoid unnecessary delays, and move forward with clarity and confidence.