Maryland

What If Your Spouse Refuses to Sell the House in a Maryland Divorce?

If both spouses are on the deed, neither spouse sells alone. Try three steps first: written terms, a valuation tiebreak rule, and mediation. If talks fail, Maryland Family Law Article section 8-205 gives the court tools for a jointly owned home. Delay costs money. At $3,500 a month, six months costs $21,000.

By Marc Cormier

Licenses: Maryland #620443 | Virginia #0225175181 | DC #SP98365998 | Berkshire Hathaway HomeServices

27+ years in real estate. 800+ closed transactions.

Certified as a Certified Divorce Real Estate Expert (CDRE) in 2014.

Last updated: October 2, 2026

On this page

Can one spouse stop the sale of a jointly owned house?

Yes, in practice. If both names are on the deed, both owners sign the listing agreement, every offer, and the closing papers. Read your deed and ask your attorney who signs in your case.

One spouse is not able to sell the house alone. One spouse is also not able to force a sale alone. The standoff stays until the spouses agree or the court acts.

Refusal is common. It rarely means the spouse hates the plan. It usually means the spouse fears the numbers or the move.

What should you try first?

Start by asking what the spouse needs in order to say yes. Housing, school, price, and control are the usual answers.

Then try three steps before anyone files a motion. Each step costs less than a court fight.

Put the terms in writing. The agreement covers the price floor, the repair cap, who pays carrying costs, the listing date, and how the proceeds split. Your attorney drafts it.
Agree on a valuation tiebreak. Order two independent valuations. Write the rule before the results arrive. One valuation says $740,000 and one says $700,000. If the rule is "average the two," the price is ($740,000 + $700,000) divided by 2, which is $720,000.
Try mediation. A mediator is a neutral person who helps two spouses reach a written agreement. A mediator does not decide for you. Ask your attorney about mediation options.

A buyout is a fourth route. One spouse keeps the house, refinances, and pays the other spouse for the equity. The lender decides if the keeping spouse qualifies alone. See "How to Buy Out Your Spouse's Share of the House."

If keeping the home does not work, here is how a divorce sale runs.

What tools does the court have if talks fail?

Maryland Family Law Article section 8-205 gives the court tools for dividing marital property. Your attorney explains which one fits your case.

Section 8-205(a)(1): the court transfers ownership of an interest in property, grants a monetary award, or both, as an adjustment of equities and rights concerning marital property.
Section 8-205(a)(2)(iii): for real property jointly owned and used as the principal residence, the court orders a transfer to the other party if that party obtains release from the liens, authorizes the purchase of the other party's interest on court terms, or both.
Section 8-205(b): the court sets the amount and method of payment of a monetary award, or the terms of a property transfer, after considering eleven factors. They include each spouse's contributions, the value of all property interests, economic circumstances, the duration of the marriage, ages, and how and when the property was acquired.
Section 8-208(a): the court decides possession and use of the family home, including while the case is pending. Section 8-208(c) lets the court order either or both parties to pay the mortgage, insurance, taxes, and similar expenses.

The sources named above do not describe a court ordered sale. Ask your attorney what other options a court has in your case and whether a court ordered sale is one of them.

A court order replaces your control with a judge's decision. Court action also adds attorney fees and delay. Your attorney gives you the cost.

WHAT THIS MEANS FOR YOUR HOUSE

Joint title means joint control. Neither spouse sells alone.
The mortgage, taxes, and insurance keep running while spouses disagree.
Section 8-208(c) lets the court order who pays those costs. Ask your attorney whether to ask for that order.
Ask your lender how the loan is handled while the house is unsold.
Written terms, a tiebreak rule, and mediation come before court.
A court order replaces your control with a judge's decision.

What does delay cost?

Delay costs the carrying cost for every month the house sits. The carrying cost here is mortgage interest, taxes, insurance, and utilities.

Use a worked example with made-up numbers. Carrying cost is $3,500 a month. The spouses split it evenly.

Months of delay	Total carrying cost	Each spouse's half
1	$3,500 ($3,500 x 1)	$1,750
3	$10,500 ($3,500 x 3)	$5,250
6	$21,000 ($3,500 x 6)	$10,500
9	$31,500 ($3,500 x 9)	$15,750
12	$42,000 ($3,500 x 12)	$21,000

Now test a holdout. One spouse refuses an offer of $720,000. That spouse wants $750,000. The extra $30,000 looks large. Subtract commission and the carrying cost, and it shrinks.

Line	Take the $720,000 offer now	Hold out for $750,000
Sale price	$720,000	$750,000
Commission and closing costs at 6%	$43,200 ($720,000 x 0.06)	$45,000 ($750,000 x 0.06)
Net after commission	$676,800	$705,000
Gap in favor of holding out		$28,200 ($705,000 minus $676,800)

The 6% is an example rate. Ask your agent for the actual figure.

Months the holdout takes	Carrying cost at $3,500	Holdout position
3	$10,500	$17,700 ahead ($28,200 minus $10,500)
6	$21,000	$7,200 ahead ($28,200 minus $21,000)
9	$31,500	$3,300 behind ($28,200 minus $31,500)
12	$42,000	$13,800 behind ($28,200 minus $42,000)

Break-even is $28,200 divided by $3,500, which is about 8 months. If the higher price does not arrive within 8 months, the holdout loses money. The table also assumes the higher price arrives at all. It ignores repairs, price drops, and tax.

Why does a spouse refuse to sell?

The reason decides the fix. Most refusals come from four fears.

Reason	What often moves it
Needs a place to live	A net sheet that shows the cash available for a new home. A buyout test with a lender.
Thinks the price is too low	Two independent valuations and a written tiebreak rule.
Children and school ties	A written timeline. Ask your attorney about use and possession under section 8-208. See "Use and Possession of the Family Home in Maryland."
Anger or a wish for control	A mediator. Written showing rules. Attorneys speaking to attorneys.

This is where people usually get hurt. They fight about price when the real issue is housing. A spouse who sees a place to land says yes faster.

How do you avoid rushing a bad sale?

Do not take a low offer only to end the fight. A bad sale is permanent. The cost of a holdout is a number you are able to calculate.

Set a price floor in writing before you list. Your attorney reviews it.
Run a net sheet at the floor price and at 5% below it.
Do not sign anything your attorney has not read.
Accept an offer that meets the floor. Reject one that does not.
Do not let the carrying cost make the decision. Run the break-even first.

I have seen this mistake before. One spouse wants out so badly that the spouse accepts a number the written terms never allowed. The other spouse then fights the closing. Everybody loses time and money.

Where does this go wrong?

Standoffs get worse when nobody writes anything down.

Listing before the terms are in writing.
Letting one spouse stop paying the mortgage. Ask your lender and your attorney before a payment is missed.
Skipping valuations and arguing from a neighbor's price.
Moving to court before trying mediation.
Letting emotion set the price. Emotion costs people money.
Ignoring the carrying cost. Four months at $3,500 is $14,000.
Skipping the CPA. A delayed sale changes the tax picture. See "Capital Gains Tax When You Sell the Marital Home."

Local note for Montgomery County: The Montgomery County Circuit Court runs a Family Law Self-Help Center. It is a free walk-in clinic staffed by attorneys, in the South Tower, First Floor, Room 1500. It gives general legal information or limited legal advice on divorce, custody, and related matters. You still pay case fees and costs. Source: https://www.montgomerycountymd.gov/circuit-court/services/family-law-self-help-center

Questions about a spouse who refuses to sell

Q1. Can one spouse refuse to sell?

A. Yes, in practice. Both names on the deed means both owners sign the listing agreement, each offer, and the closing papers. One spouse cannot sell alone and cannot force a sale alone. The standoff lasts until you agree or the court acts. Start with written terms, a valuation tiebreak rule, and mediation. Section 8-205 gives the court tools for a jointly owned home. Your attorney explains how they fit your case.

Q2. Can the court order the house sold?

A. The sources I read do not describe a court ordered sale. Section 8-205(a)(2)(iii) covers a jointly owned principal residence in three ways. The court orders a transfer to one spouse who obtains lien releases, authorizes a buyout on court terms, or does both. Ask your attorney whether a court ordered sale is open in your case. Try written terms and mediation first.

Q3. Can the court make my spouse pay the mortgage while we disagree?

A. The court is allowed to act under section 8-208(a)(2) while your case is pending. Section 8-208(c) lets the court order either or both parties to pay the mortgage, insurance, taxes, and similar expenses. Those bills keep running while you disagree. Ask your attorney whether to request an order and how to word it.

Q4. Do both spouses have to sign the listing agreement?

A. With both spouses on title, each one signs the listing, every offer, and the closing documents. A spouse missing from the deed raises a different question. Read the deed, then ask your attorney who signs and which rights the other spouse keeps. Settle written terms before anyone signs anything, and confirm your signing duties with your attorney.

Q5. What if we disagree on price?

A. Hire two independent valuers and write the tiebreak rule before either number arrives. Averaging is one rule. Take $740,000 and $700,000. Add them to reach $1,440,000, then divide by 2 for $720,000. A written rule settles the price question early. Your attorney reviews the rule before you sign it.

Q6. What if the offer is lower than one spouse wants?

A. Measure the offer against the price floor in your written terms. An offer at the floor gets accepted. An offer below it gets rejected. Run the break-even before you hold out. A $720,000 offer against $750,000 leaves a $28,200 net gap. At $3,500 a month, the carrying cost erases that gap in about 8 months. A bad sale is permanent.

Q7. What happens if one spouse refuses to leave for showings?

A. Written showing rules come before the listing date. They cover who leaves, when, and how much notice the agent gives. Keep a written log of each showing request and each refusal. A spouse who blocks showings stalls the sale and buyers move on. When a spouse ignores the agreement, ask your attorney what to do.

Q8. What if one spouse is sabotaging the sale?

A. Start a written log. Record the date, the message, and the agent's note for each incident. Hold back from retaliating. Your attorney reads the log and picks the next move. Sabotage costs both spouses in carrying costs and lower offers. Written terms for showings, price floors, and repair caps limit the damage.

If keeping the home does not work, here is how a divorce sale runs.

Do you need a divorce attorney?

You should have your own. I am a real estate agent. I do not give legal advice, and I do not work for one spouse against the other.

I am not affiliated with any law firm. I do not recommend one attorney over another. Your spouse needs their own attorney, not yours.

If you need to find one, start with these bar association resources:

Maryland State Bar Association, For the Public (points you to your county bar association)
Bar Association of Montgomery County, Maryland, Lawyer Referral Service

Links open in a new tab.

What an attorney handles	What I handle
Who gets the house and the money	The value of the house
The marital settlement agreement	The net sheet
Court orders that affect the sale	Listing, showings, offers, and closing
Custody, support, and everything outside real estate	A written record of every showing and decision

General information only. Not legal, tax, or financial advice. The referral services are independent of me. I do not guarantee any attorney's work or results.

About the Author

Marc Cormier