Avoiding obstruction when selling a marital home

On Behalf of | Mar 12, 2020 | Divorce

Individuals in Illinois and throughout the country who are getting divorced may want to sell their family homes. However, this might not be possible unless the other spouse consents to the sale. It is not uncommon for the other spouse to take action to prevent a home from being sold. In some cases, that person simply wants to avoid uprooting their children during the school year or isn’t sure what the house is worth.

If an individual has a valid reason for not wanting to sell a marital home, it may be possible to discuss the situation and come to a reasonable solution. Those who refuse to listen to reasonable offers to sell the home or refuse to work toward a solution could be trying to punish their former partners. The same could be true of those who won’t clean the house so that it can be staged or shown to prospective buyers.

Those who want to sell their homes could move to hold the parties who don’t want to sell responsible for maintaining the properties until they sell. It may also be possible to seek a court order prohibiting the obstructing party from having access to the property. Doing so might make it easier to sell the home in a timely manner and help to maximize its sale price.

A person who is going through a divorce may benefit from hiring an attorney to help with the case. Legal representatives might help resolve disputes regarding how to divide marital property. They may also be able to help resolve disputes related to alimony or other issues that are relevant in a specific case. If a couple negotiated a prenuptial or postnuptial agreement, the terms of the deal may determine how the divorce is settled.


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