What If One Spouse Refuses to Sell the House in a Michigan Divorce?
Legal Options and Court Remedies When a Spouse Won’t Cooperate in Selling the Home During Divorce
You’ve done the hard part—deciding to move forward with your divorce.
But now you’re stuck. The house is one of the biggest issues on the table, and your spouse just won’t cooperate. They won’t agree to list it. They won’t respond to offers. They won’t even talk about it.
Maybe they’re trying to hold onto control. Maybe they think refusing to sell gives them leverage. Or maybe they’re just overwhelmed and avoiding the situation. Whatever the reason, you’re left in limbo—paying for a home you can’t sell, stuck in a holding pattern you didn’t choose.
This kind of standoff is more common than you might think. And while it’s frustrating, the good news is that Michigan law provides clear options when one spouse refuses to sell the marital home. The key is understanding your rights—and knowing what steps to take next.
Michigan Law – Equitable Distribution and Court Authority
In Michigan, property division during divorce follows the principle of equitable distribution. That doesn’t mean everything is split 50/50—it means the court will divide assets, including the family home, in a way that’s fair based on each spouse’s situation.
If both spouses agree on what to do with the house, the court will typically honor that agreement. But when one spouse refuses to cooperate, the judge has the authority to intervene. This includes ordering the home to be sold so the proceeds can be divided fairly between both parties.
The house is usually considered marital property if it was purchased during the marriage—regardless of whose name is on the title. In cases where one spouse wants to sell and the other refuses, the court will weigh several factors, such as:
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Each person’s financial needs
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Whether children are involved and who will have custody
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Each spouse’s contribution to the home
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Whether one spouse can afford to keep the home on their own
If no resolution can be reached, the judge can order the sale and ensure it moves forward, even without full cooperation.
Helpful resource:
Dividing Property and Debt in Divorce – Michigan Legal Help
Court-Ordered Sale – When and Why It Happens
When divorcing spouses reach a standstill over the house—especially when one refuses to cooperate—the court may issue a court-ordered sale. This is a legal directive requiring the home to be sold, with the proceeds typically divided based on the terms of the divorce settlement or judgment.
Michigan courts don’t take this step lightly. Judges usually prefer that couples resolve property matters on their own. But when negotiations fail, and one spouse’s refusal is causing financial harm or delaying the divorce process, the court can—and often will—step in.
Common reasons for a court-ordered sale include:
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Neither spouse can afford to keep the home alone
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The home is a financial burden, such as being behind on payments or in pre-foreclosure
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One spouse is actively obstructing a voluntary sale
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Selling the home is the most equitable way to divide marital property
Once ordered, the sale proceeds whether both parties agree or not. In some cases, the court will appoint a neutral real estate agent to handle the listing and oversee the sale to ensure it proceeds fairly and efficiently.
Helpful resource:
Divorce Checklist – Michigan Courts
Consequences of Refusing to Comply with a Court Order
Once a judge orders the sale of the marital home, both spouses are legally required to follow through. If one spouse refuses to cooperate—by ignoring listing documents, delaying showings, or outright refusing to vacate the home—they risk serious legal consequences.
In Michigan, a spouse who disobeys a court order can be held in contempt of court. This isn’t just a warning—it can lead to:
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Fines or monetary sanctions
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An order to pay the other spouse’s legal fees
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A court-authorized signature substitute, allowing the sale to move forward without their consent
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Even jail time in extreme cases of willful noncompliance
Courts take these situations seriously, especially when a refusal to act causes financial harm or delays the finalization of the divorce. Judges may also view obstruction as bad faith, which can negatively impact other parts of the case—such as property division or custody decisions.
If you’re facing this kind of resistance, the court has ways to move the process forward with or without your spouse’s cooperation.
Related reading:
How to File a Partition Lawsuit in Michigan When a Sibling Won’t Sell Inherited Property
Gloria B. - Clinton Township, Michigan
“Thank you for contacting me. I didn’t know what I was going to do with this house"
Enforcement Mechanisms – How Courts Ensure Compliance
When one spouse refuses to cooperate with a court-ordered home sale, Michigan courts can take direct action to enforce compliance. The goal is to prevent financial harm and ensure the divorce judgment is carried out—whether the uncooperative spouse agrees or not.
Here are some of the tools the court may use:
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Court-Appointed Listing Agent: The judge can assign a neutral real estate agent to list and sell the home. This agent has the legal authority to manage the process without needing signatures or approval from the uncooperative spouse.
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Receivership: In more complex cases, the court may appoint a receiver—a third party who temporarily takes control of the property. The receiver handles everything from listing the home to closing the sale.
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Substituted Signature: If one spouse refuses to sign required documents, the court can authorize a judge, clerk, or other official to sign on their behalf, allowing the sale to proceed without delay.
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Sheriff’s Sale (in rare cases): If the property is in foreclosure or if other enforcement mechanisms fail, a sheriff’s sale may be used to resolve the issue—though this is generally a last resort.
These mechanisms are designed to remove barriers and ensure fairness for both parties. The court’s priority is protecting marital equity—not letting one spouse hold the process hostage.
Negotiation and Mediation – Alternatives to Court Intervention
Before the court steps in, divorcing couples in Michigan have the option to resolve disagreements about the home through negotiation or mediation. These alternatives to litigation can often lead to more flexible, less stressful outcomes—especially when one spouse is hesitant but not entirely opposed to selling.
Mediation involves working with a neutral third party who helps both spouses communicate and reach a mutually acceptable agreement. These discussions are confidential and non-binding until both parties agree to terms, which can then be submitted to the court as part of the divorce judgment.
Advantages of resolving the issue outside of court include:
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More control over the outcome
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Lower legal costs
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Faster resolution
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Less emotional strain, especially if children are involved
Couples may also reach informal agreements through attorney-led negotiation or settlement conferences. In many cases, simply involving a mediator or a legal advisor can help clarify options and encourage cooperation.
If the home must be sold, deciding how and when together—rather than letting the court decide—can lead to smoother transitions and better financial outcomes for both parties.
Helpful resource:
Real Estate and Divorce – Michigan Legal Help
Protecting Your Interests – Steps to Take
If your spouse is refusing to sell the home during divorce, you don’t have to sit back and wait. There are clear, proactive steps you can take to protect your legal and financial interests while the situation unfolds.
Here’s what to do:
📄 1. Document Everything
Keep a record of all communication about the house—texts, emails, letters, and verbal agreements. If your spouse is refusing to respond or is actively delaying the process, detailed documentation can help demonstrate your good faith efforts to the court.
👩⚖️ 2. Consult an Experienced Divorce Attorney
An attorney can help you understand your rights under Michigan law and advise you on whether to pursue mediation, a court order, or a partition action. Legal counsel is especially important if the home has complicating factors, like unpaid taxes or a pending foreclosure.
⚖️ 3. Know Your Rights Regarding the Property
If the house is marital property, the law supports a fair resolution. The court can authorize a sale, divide proceeds, or even override a non-cooperative spouse. Don’t assume you’re powerless just because the other party won’t cooperate.
🧭 4. Explore All Possible Resolutions
Try negotiation first—but if that fails, be ready to take legal action. A stalled sale doesn’t have to block your financial recovery or your future plans.
Related internal link:
I Can’t Afford My House Anymore — What Are My Options in Michigan?
Frequently Asked Questions
Q: What if my spouse refuses to sell the house during our divorce?
A: If your spouse won’t agree to sell the home, and no resolution can be reached through negotiation or mediation, the court can step in and order the sale. In Michigan, the judge has the authority to enforce the sale to ensure equitable distribution of marital assets.
Q: Can a judge in Michigan force the sale of our home?
A: Yes. When spouses are at a standstill, the court can issue a legal order requiring the home to be sold. This helps avoid delays, financial harm, and further conflict—especially when the house is one of the largest assets in the divorce.
Q: What happens if my spouse ignores a court order to sell the home?
A: Refusing to follow a court order can lead to contempt charges, fines, or even jail time. The court may also appoint a third party to sign on behalf of the noncompliant spouse and ensure the sale proceeds without their approval.
Q: Can I sell my share of the house without my spouse’s permission?
A: In most cases, no. If the home is jointly owned, both parties must agree to sell. However, if one spouse refuses, you may need to ask the court for intervention—or in some cases, file a partition action to force the sale legally.
These situations are difficult—but they’re not without solutions. The key is knowing your rights and acting strategically.
"When you mentioned that you would give us an offer within 24 hours and then close quickly I didn’t really believe that we would have the house sold in only 2 weeks. I’m glad I found you.”
Michelle L. - Michigan
You Still Have Options
Feeling stuck in a divorce because your spouse refuses to sell the house can be exhausting—and it can feel like there's no clear way forward. But the truth is, you do have options.
Whether through mediation, legal enforcement, or strategic negotiation, Michigan law offers clear pathways to resolve even the most stubborn disagreements over property. The key is understanding those options and knowing when to take the next step.
At any point in this process, it can help to talk to someone who knows how to navigate both the legal and practical sides of home sales during divorce. You don’t have to go it alone—and you don’t have to stay stuck.
Clarity and resolution are possible—and they start with knowing where you stand.
Are You Trying to Understand Your Options?
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We Help Michigan Families Navigate These Situations Every Day
At Dennis Buys Houses, we’re not just cash buyers — we’re trusted problem-solvers who help Michigan families find real answers during difficult times.
Since 2004, we've been helping homeowners across Michigan sell their properties quickly and easily—without the stress of agents, repairs, or hidden fees.
We’re a family-owned, local business with deep roots in the community. Over the years, we’ve helped hundreds and hundreds of homeowners in situations just like yours—whether they’re dealing with delinquent property taxes, foreclosure, or simply needing a fresh start.
If you're dealing with a tough family situation and don’t know where to turn, we’re here to help.
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Whether you’re ready to sell or just want to explore your options, we’re here for you. Call us today, and let’s talk about how we can make your situation easier.
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“Mr. Fassett – thank you for working with us to buy my Mom’s home after she passed away. When you mentioned that you would give us an offer within 24 hours and then close quickly I didn’t really believe that we would have the house sold in only 2 weeks. I’m glad I found you.”
Michelle L. - Michigan
“Thanks for buying my Mother’s home. It was a big help that you were able to buy it without us having to clean it out and get it ready to sell. My mother had accumulated lots of stuff and after the stress of her long illness I was exhausted and I dreaded dealing with all of it. I also liked it that you gave me a very fair price for the home. I’m on a fixed income and that really helped a lot.”
Henry G. - Michigan
“Dennis – thank you for helping us with our Mom’s home. This was a very traumatic experience for us, and we appreciated your patience with all the emotions we experienced during the process. You were really patient and understanding with us during the sale process, and we’re sure that Mom’s home will be in good hands. God Bless.”
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