In an ideal world, couples would agree on what to do with their home after separation. But sometimes, one spouse wants to sell and the other refuses. When that happens, a sale can still move forward—through a court order under British Columbia’s Family Law Act or Partition of Property Act.
This process is often called a forced sale or court-ordered sale. It’s a legal remedy designed to ensure fairness when cooperation breaks down. Here’s what it means, how it works, and what to expect if you find yourself in this situation.
A court-ordered sale is usually the last resort after attempts at negotiation, mediation, or buyout fail. It’s most common when:
In short, a forced sale happens when keeping the home co-owned is no longer practical or fair.
In BC, the two main laws that allow a judge to order a sale are:
The judge’s job is to ensure the outcome is reasonable and protects both parties’ interests.
Judges in BC weigh several factors before ordering a sale:
Court-ordered sales are not punitive—they are used to ensure progress and fairness when all else fails.
Once the order is made, the court may set out detailed instructions for the sale, such as:
Realtors experienced with court-ordered sales understand the importance of documentation, neutrality, and communication with lawyers throughout the process.
Once a sale is ordered, refusal to comply can lead to enforcement actions, including contempt of court. In some cases, the court can sign sale documents on behalf of a non-cooperative spouse. These orders ensure the process continues even if one person obstructs it.
In some families, one spouse may request to stay in the home temporarily for the children’s stability. Courts often allow this for a defined period, but it doesn’t override the other spouse’s financial interest. The home will still be sold or refinanced once that timeframe ends.
When a home is sold under court order, the same tax rules apply as with voluntary sales. Most separating couples qualify for the principal residence exemption, so no capital gains tax is owed. However, if one spouse owns multiple properties or investment real estate, professional tax advice is essential.
Experienced realtors play a critical role in keeping court-ordered sales fair and efficient. At Mansour Real Estate Group, we handle these transactions with structure and neutrality, providing clear updates to both parties and their lawyers so no one is left in the dark. Our goal is always to achieve the highest possible value while minimizing conflict.
A court-ordered sale is a legal tool that ensures fairness when cooperation fails. It’s guided by BC law, monitored by the court, and carried out with transparency. If you’re in a situation where your ex refuses to sell or buy out, this process can help you move forward.
Reach out for a private consultation if you need guidance on how to prepare for or avoid a court-ordered sale. Our team can explain the process clearly and work with your lawyer to protect your interests every step of the way.
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.
Address 15595 24 Avenue, Surrey, BC, V4P 1H5
