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Selling Your Home When One Partner Refuses

Both legal owners must sign, unless a court orders otherwise.

Selling Your Home When One Partner Refuses Residential Property Services in London

Updated October 2026 · Fraser Bond

Selling · Joint owners

When a co-owner won't sell

Bothmust sign
Mediationfirst
Buy-outoption
Orderfor sale
In short: If you own a home jointly, you both have to agree to sell it. If one of you refuses, try to understand why and consider mediation. You may be able to buy them out, or they may buy you out. For married couples or civil partners, the home is dealt with in the divorce financial settlement. For unmarried co-owners, either can apply to court under the Trusts of Land and Appointment of Trustees Act 1996 for an order for sale. Courts consider the purpose of the purchase and any children living there. Take legal advice.

Frequently asked questions

Can I sell without my partner?

Not if they're a legal owner, without a court order.

How long does a court order take?

Often several months.

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