Services
LocationsGuides
About us
How it works
Free Cash Offeror call us on 0800 024 8444

Is Your Ex Ignoring a Court Order To Sell The House?

Content Written By: Kirsty Rowett - Last Updated: 08/07/2025

If you’re researching court orders for sale, chances are you’re in the midst of a dispute with your ex about selling the property you lived in together. You’ll want answers as quickly as possible—don’t worry, that’s why we’re here to help.

While we offer some practical steps you can take if your ex isn’t complying with the court-ordered sale of your house, remember that seeking professional legal advice at every step is your best route forward in any case.

Table of Contents

As Featured In

We’re honoured to have been featured in the media by several leading outlets and major publications

How does a court order for sale work?

You might have already applied for an order for sale from the courts, but it’s not a situation many people are used to, so it’s worth a quick recap of how it works and what kind of steps you might expect to force the sale of your property.

1

Severing a Joint Tenancy

Typically the first step if you and your ex were joint tenants of a property.

2

Applying for a charging order

You’ll then start an application to the County Court for a charging order.

3

Applying for a court order for the sale

An order for sale makes it legally binding for both parties to agree to and go through with the sale.

1. Severing a Joint Tenancy

Typically the first step if you and your ex were joint tenants of a property—seek legal advice from a litigation specialist to bring the joint tenancy agreement to an end and become beneficial tenants in common instead. This will mean writing to the other party (your ex) and starting an application with the Land Registry to co-own equal parts of the property if indeed one of you owned less than 50% beforehand. 

2. Applying for a charging order

You’ll then start an application to the County Court for a charging order, which will only be possible after you’ve had a judgment from the court for your ex to pay up. If they don’t pay in time and just flat-out refuse to comply, a charging order will place a ‘charge’ on their asset (in this case, their half of the property) to enable you to then apply for an order for sale.

Read more: HM Courts & Tribunals Service’s guidance on applying for a charging order

3. Applying for a court order for the sale

An order for sale makes it legally binding for both parties to agree to and go through with the sale, but the judge will obviously consider all the evidence put to them during a hearing or trial, such as the involvement of children if the property in question was the family home.

The order will be issued on the back of the hearing and both parties will be notified in writing—it becomes legally binding on receipt and both parties are expected to comply with the terms of the order. Failure to do so can lead to serious consequences like fines, asset seizures or even imprisonment for contempt of court, which, as Lauran Stevenson of Rix & Kay Solicitors explains, is becoming more common:


“Historically, it was rare for someone to face imprisonment for failing to comply with a court order. However, recent cases show that judges are now more willing to take firm action to ensure compliance. This includes ordering custodial sentences for those who deliberately ignore court orders.”

- Rix & Kay Solicitors LLP

Sell your house in as little as 7 days

What to do if your ex is ignoring a court order

If your ex fails to comply with the order and has ignored the charging order from earlier in the proceedings, you can apply to the court to enforce it. However, it is highly recommended that you seek legal advice before going any further. 

An example scenario might result in the following outcomes if one partner has urged the other to follow the court’s ruling, with help from a solicitor: 

  • Outcome 1. The ex complies and chooses to cooperate with the estate agents to finalise the valuation and ensure the charge is calculated accurately.

  • Outcome 2. The ex appeals formally against the court’s decision, but would need to provide strong grounds for the case, such as a change in circumstances or legal errors in the original ruling.

  • Outcome 3. Court enforcement: If the ex persists in non-compliance, the partner wanting to sell could pursue enforcement action through the court, potentially leading to fines or other penalties for the ex.

It’s best if you can resolve the matter out of the courts, but we understand that’s not always possible (and probably why you’re here in the first place). Here are some options for you to take as your next steps:

Following the court order

The fact that there is a court order in place means that your ex is at risk of breaking the Contempt of Court Act 1981 if they refuse to comply with it, so it’s in everyone’s best interest to go through with the sale in as amicable a manner as possible.

The order itself should specify the reasons for the sale, the terms of the sale, such as the timeframe, and the distribution of the proceeds from it. Depending on the nature of the order and the circumstances, the court may take various enforcement measures to make sure the non-compliant party goes through with the sale.

That’s why the order is there in the first place: so you can all avoid further trials or hearings (not to mention the legal costs that come with all that).

If you need advice about seperating your assets in the event of a seperation or divorce, please check the Citizens Advice website - it's full of helpful information that will go a long way to ensuring nobody loses out.

Buying your partner out

One option that some couples end up taking is for one person to buy the other out of their share of the property, but this is normally discussed at the formal hearing before the order for sale is issued.

It might, of course, become a possibility if the order itself encourages more progressive discussions between you. As we said, nobody really craves the courts when it comes to these matters, but do seek that legal advice on where you both stand at this stage so you can settle on a direction that suits you both.

When's the right time?

Should you sell a house after or before divorce?

Read More

Taking further legal action

If you feel like you have no other option after such discussions and your ex is still refusing to comply, you can seek additional legal action via your solicitor. If your ex is deemed to have acted unreasonably throughout the process, the judge may instruct them to pay your legal fees, but don’t bank on that because every case is different.

Read more: HM Courts & Tribunals Service’s guidance on civil court fees (EX50)

Talk to your solicitor about your ideal next steps, as this can be very tricky legal ground to navigate.

Selling quickly to a cash buyer

If you have had enough of the whole process and you just want it over and done with as quickly as possible, you can consider selling to a cash buyer like The Property Buying Company.

We have helped many couples deal with the quick selling of a property as part of a divorce—you can see from our customer stories how much stress it saved some of them. Gary and his ex, for instance, were able to complete in just 10 days and he said they were grateful for the “quick and easy turnaround” at a difficult moment in their lives.

Gary, Harrogate
  • Cash Paid

    £174,0000

  • Reason for sale

    Divorce

  • Time to complete

    10 Days

You can also see just how helpful our services can be for people in tough situations from our Trustpilot reviews:

Ex that wasn't the easiest to work with:
Alexandra shared on Trustpilot
★★★★★

I had quite a complicated sale with…

I had quite a complicated sale with lots of moving parts including an ex-partner that wasn't the easiest to work with and the property buying group still managed to help me sell in a reasonable time everything considering thank you so much

Date of experience: June 24th, 2022

Selling during a divorce, a real life saver!
Sharon H said on Trustpilot
★★★★★

Selling our house with to this company…

Selling our house with to this company whilst going through a divorce was a real lifesaver. They handled everything smoothly and were super understanding of our situation and acted as an in between. The process was quick and hassle-free, which was a huge relief given the stress we were already dealing with. They made a fair offer and took care of all the details. I’m really grateful for their help and would definitely recommend them if you’re going through something similar.

Date of experience: July 18th, 2024

Helped me when I ran into a few issues:
John Miah wrote on Trustpilot
★★★★★

Fantastic service!!

Sold my property with this company and matt helped me especially when i ran into a few issues with my ex

Date of experience: December 14th, 2021

If you’re interested in hearing more about achieving a stress-free sale of your property so you can move on with your life, get in touch today to get your free cash offer.

We cover all your legal fees when selling

Frequently asked questions

What are the different types of court orders?

Court orders relating to the sales of property include: 

  • Order for sale: A judge’s ruling that a property must be sold

  • Mesher order: A delay of the sale until a certain event occurs, such as a child entering education or reaching adulthood

  • Charging order: A ruling that locks in the creditor’s financial interest in the property and ensures repayment when it is sold

Can estate agents help with a court order for the sale of a property?

Yes, estate agents can help ensure the court-ordered sale of a property goes smoothly and adheres to all necessary rules and regulations in the UK. They can assist with everything from valuations to negotiations throughout the sales process.

Do I need to tell my ex that I’m selling the house?

Generally, it is a good idea to maintain open communication with your ex during the sale of a property and this is especially the case when a court ruling, or an order for sale, is in place. It could count against you from the judge’s perspective if you don’t maintain communication with your ex throughout the process, so it’s advisable that you seek legal help at every step.

How long does it take to get a court order to force a sale?

It can and often does take a number of months to apply for and obtain a court order for sale on a property in the UK, although every case is different. The timeline will depend on your individual circumstances, the backlog at the court in question and the cooperation of all parties involved.

Can a solicitor ignore a court order to sell a house?

It is a solicitor’s responsibility to uphold the rule of law and adhere to the court ruling for an order for sale. They can ignore or delay it if they like, but it will be considered serious misconduct and could result in disciplinary action from the Solicitors Regulation Authority (SRA) Code of Conduct.

Edit Log
Kirsty Rowett Profile
Kirsty Rowett

Kirsty Rowett is an in-house solicitor at The Property Buying Company. Her main role is to provide legal advice to the company and provide conveyancing services when acting for the company in their sales. She has been a conveyancer since 2013 and a fully qualified solicitor since 2016.

Click here to find out more about Kirsty Rowett.

Share: