When a relationship ends, the family home can quickly turn from a place of comfort into the hardest part of separation. I’ve sat with many clients in this situation, torn between wanting stability and needing a fair outcome. One of the most common questions I hear is: Can my ex actually make me sell our house?
The short answer is sometimes yes, but not always. It depends on your legal status, how the home is owned, and where things stand in your separation or divorce process. Let’s walk through what really happens in BC when one partner wants to sell and the other does not.
In BC, the Family Law Act generally treats the family home as family property. That means it is shared 50/50 unless there is a valid reason for an unequal division. If both names are on title, you each own half. One person cannot sell without the other’s consent. If one partner refuses to cooperate, the other can apply to the court for an order to sell the property.
If only one name is on title, that does not end the conversation. A spouse not listed on title can still have a legal interest in the home, especially if it was the primary family residence during the relationship.
Court orders can come through the Family Law Act or the Partition of Property Act. A judge looks at fairness and practical circumstances. The court may order a sale when:
A sale is not automatic. The court weighs what helps both parties move forward financially and emotionally.
One spouse wants to stay, the other wants cash. If the person staying can refinance and buy out the other’s share, that is often the simplest path. If not, a sale may be the only fair option.
Mortgage in both names, one person moved out. Your name on the mortgage means you are still responsible. If one person is paying while the other has full use, a court may lean toward selling if there is no other solution.
Home owned before marriage. The increase in value during the relationship is usually family property. The original value may be excluded. Courts still look for a fair overall division.
Signed separation agreement. If you already agreed to sell or transfer, that guides the process. Courts can enforce it if someone refuses to cooperate.
This is common. If your ex refuses to sign listing paperwork, a court order can authorize the sale without both signatures. It is usually faster and less expensive to negotiate through lawyers first. Mediation often gets results. Our team can act as a steady, neutral project manager so both sides see the financial benefit of resolving the file sooner.
With children, stability matters. Courts sometimes allow one parent to remain in the home for a set time, for example through the school year. These are usually temporary. The home is later sold or refinanced as part of the final settlement.
When both parties agree or are ordered to sell, the steps look familiar, but timing and communication are crucial. At Mansour Real Estate Group, we:
The goal is the same every time: protect your financial outcome and lower stress.
These options work best with transparent numbers and independent advice from legal and financial professionals.
Selling a family home during divorce is rarely about bricks and mortar. It is about closure, control, and letting go. The right team helps you move forward with dignity and a clear plan.
I have helped many families through this stage. You can get through it, and you do not have to do it alone. If you are navigating a separation and need to understand your options, reach out for a private, no-pressure conversation. We are here to help.
The Mansour Real Estate Group, led by Mohamed Mansour, MBA and Associate Broker, is one of the Top 1% real estate teams in the Fraser Valley and a trusted authority in divorce, estate, and family property sales. With over 20 years of experience and more than $750 million in transactions, we deliver exceptional results with professionalism and compassion across Surrey, Langley, Delta, White Rock, and Abbotsford.
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