Separation and Selling Family Home

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Alan Smith

14 August 2014
I have been married now for over thirty five years. The kids have grown up and I want our time (my wife and I) but my wife is very close to the neighbours and does not want to move.

I would like to let the kids grow up with their family without seeing my wife and I.

I can no longer handle the hustle and bustle of the city traffic, etc and want to move to somewhere quiet, but still relatively close to our kids and GRANDKIDS.

My wife does not want to sell and move, can the house be sold if one party does not want to sell?



Well-Known Member
23 July 2014
I am a bit confused about the circumstances around the separation, but it is immaterial for the question you are asking.

Can the house be sold if one of the owners does not want to sell? Summarily, no, but I would wager this may be the wrong way to address your situation.

Real estate falls into the grander scheme of property settlements, which, if a court were to adjudicate the situation, would take into account each person's financial and non-financial contributions when deciding on how the asset pool should be divided. A court can make orders to sell the property, or they can make orders to have one party simply buy out the other by paying them a percentage of the total value.

With that said, however, I strongly suggest that you and your wife commit to resolving the matter outside of court because the cost of court proceedings skyearockets very swiftly.

So, with this objective in mind, I would suggest inviting your wife to mediation where a third party can oversee the matters and keep both parties focused on an outcome. You might consider negotiating circumstances in which your wife buys out your share of the property. A mediator will also help you navigate other options, if possible.

I hope this is of some assistance to you. Good luck.