FAQs Property Division, Sharing & The Matrimonial Home

What if my spouse isn’t cooperating with the sale of the matrimonial home?

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Unfortunately, there is no quick and easy way to force your spouse to cooperate during the sale of your home.

However, if your spouse is refusing, here are a few steps you can take:

  • Negotiate a separation agreement in which you agree how the sale of the home will take place
  • If your spouse is still being unreasonable, you can start an application in the court to request forcing the sale of the home

If you are not living in the home, but still contributing to the mortgage or maintenance expenses, you can also request that your spouse pay you occupation rent in recognition of the advantage they are receiving by living in the home for free.