Short answer: usually yes, but not always. In British Columbia, both spouses often need to agree before a family home is listed and sold, especially if both are on title. If one person refuses, there are legal paths that can allow a sale to move forward. Here is how it works in plain language.
When spouses separate, the family home is generally treated as family property under the Family Law Act. If both names are on title, each person is an owner. Selling a jointly owned property normally requires signatures from all registered owners.
Even if only one person is on title, the other spouse may still have rights to the home’s value if it was the primary family residence during the relationship. That is why most couples either agree to sell, or agree that one will buy out the other.
If one spouse will not cooperate, the other can ask the BC Supreme Court to order a sale. Courts can make these orders under the Family Law Act or the Partition of Property Act. A judge looks at fairness and practicality. Orders are more likely when:
Court-ordered sales are not automatic. Judges prefer that couples try negotiation or mediation first. But if talks fail and the situation is stuck, the court can authorize listing and sale terms so the process can proceed.
Title alone does not settle the question. If the home was the family residence, the non-titled spouse usually has a claim to the home’s value. They may seek orders that prevent a one-sided sale or transfer. In practice, sales still require either mutual consent or a court order that sets clear conditions.
When a judge orders a sale, the order may include:
Clear rules help reduce conflict and keep the sale on schedule.
Where children are involved, stability matters. A court may allow one parent to remain in the home for a set period, for example to finish the school year. This is usually temporary. Ownership rights remain, and the home is later sold or transferred by agreement or order.
If both spouses are on the mortgage, both remain responsible for payments until the mortgage is refinanced or the home is sold. Missed payments can affect both credit files. Contacting the lender early can help explore options during the transition.
At Mansour Real Estate Group, we guide families through voluntary and court-directed sales with structure and care. If you are stuck on whether or how to sell the home, reach out for a private, no-pressure consultation. We will explain your options, coordinate valuations, and help create a clear plan.
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
