Virginia

What If Your Spouse Refuses to Sell the House in Virginia?

This page covers Virginia law only.

In Virginia, neither spouse sells alone when both are on title. Try written terms, one neutral valuation, and mediation first. Virginia Code section 20-107.3(C) says the court is allowed to order sale of real property by private sale or public sale, without partition. Delay costs money every month.

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

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Why does your spouse's refusal stop the sale?

Both owners sign when both are on title. That covers the listing, the offers, and the closing papers. Confirm the signing requirements for your sale with your attorney. Neither spouse sells alone.

Refusal usually protects something. It might be a fear about money, a school year, a move, or a hope that the numbers change. Ask what the refusal protects. The answer tells you what to put in writing.

What do you try first?

Try five steps before you ask a court for anything.

1.Put terms in writing. Cover a listing date, a price range, who pays carrying costs, and how proceeds are held until both attorneys sign off.
2.Agree on one neutral value and a tiebreak rule.
3.Run a net sheet so both spouses see money in the bank, not paper equity.
4.Try mediation. Ask your attorney whether mediation fits your case.
5.Set a decision date. Without a date, the standoff has no end.

Each spouse needs their own attorney. Send every written term to both.

How does a valuation tiebreak end a price fight?

A tiebreak rule turns two opinions into one number. Example numbers, with a $300,000 loan payoff.

Value one spouse believes	Equity	Half of the equity
$720,000	$420,000	$210,000
$750,000	$450,000	$225,000
$780,000	$480,000	$240,000

Check the math: $720,000 minus $300,000 is $420,000. $780,000 minus $300,000 is $480,000. Half of each is $210,000 and $240,000. The two claimed shares sit $30,000 apart.

Write the rule before you collect the numbers. Two licensed appraisals averaged is one option. A third appraisal that breaks a tie is another. Ask your attorney which rule fits your case.

What does Virginia Code section 20-107.3(C) say about a court-ordered sale?

Virginia Code section 20-107.3(C) says the court is allowed to divide or transfer, or order the division or transfer, or both, of jointly owned marital property, jointly owed marital debt, or any part of either.

The same subsection says the court is allowed to order sale of real or personal property. The sale is a private sale by the parties, a sale through an agent the court directs, or a public sale as the court directs. No partition is needed.

Section 20-107.3(E) lists eleven factors the court considers for any division, transfer, monetary award, and method of payment. Factor (8) is the liquid or nonliquid character of all marital property.

The statute says allowed. It does not say a court will order a sale in your case. This page states no timeline and no cost for a court process. Ask your attorney whether to request an order.

What does delay cost you?

Delay has a price you pay every month. Carrying cost is the monthly cost of holding the house. It includes the mortgage, taxes, insurance, utilities, and upkeep. Example $3,500 a month.

Months of delay	Carrying cost at $3,500 a month
3	$10,500
4	$14,000
6	$21,000
12	$42,000
18	$63,000

Check the math: $3,500 times 3 is $10,500. Times 4 is $14,000. Times 6 is $21,000. Times 12 is $42,000. Times 18 is $63,000.

Compare it to the price fight above. The two claimed shares sit $30,000 apart. Nine months of carrying cost is $31,500. At nine months, the household has spent more on waiting than the two spouses disagree about.

Why not rush a bad sale?

Do not sign because you are tired. Do not refuse because you are angry. Run the net sheet at the offer price. Then compare it to the cost of waiting.

A lower price cuts each spouse's share. On a $750,000 value with a $300,000 payoff, a $30,000 lower price cuts the equity by $30,000. Each half drops by $15,000. A rushed sale at the wrong price loses that money for good. A standoff loses money every month. Both numbers matter. See /divorce-real-estate-guide/virginia/divorce-home-sale-net-sheet/ for the net sheet.

WHAT THIS MEANS FOR YOUR HOUSE

Both owners sign when both are on title. Neither spouse sells alone.
Try written terms, one neutral value, and mediation first.
Virginia Code section 20-107.3(C) says the court is allowed to order a sale. It does not say a court will.
Delay costs money every month. Write down who pays.
Do not rush a bad sale. Do not stall a good one.

Where this goes wrong

I have seen this mistake before. One spouse says no and the other waits for a change of heart. Months pass. The house sits, the loan runs, and the numbers get worse.

Fighting over price with no tiebreak rule. Two opinions never become one number.
Skipping the net sheet. Spouses argue about equity and forget costs of sale.
Running on carrying costs with no written plan for who pays. $3,500 a month is $42,000 in 12 months.
Assuming a court will order a sale. Section 20-107.3(C) says the court is allowed to.
Taking the first offer to end the stress. A $30,000 lower price cuts each half by $15,000.
Skipping mediation, then paying for a long fight.
Leaving the house in poor condition while you wait. Condition affects the price.

This is where people usually get hurt. They stall to win, and the carrying costs win instead.

Local note for Northern Virginia: The Fairfax Courthouse Self-Help Resource Center is a walk-in resource open to the public at 4110 Chain Bridge Road, Suite 115 (1st Floor), Fairfax, VA 22030, Monday to Friday, 8:00 AM to 4:30 PM, closed holidays. It gives information about court procedures, forms, legal resources, and referrals to legal aid. It does not give legal advice. Source: https://www.fairfaxcounty.gov/topics/courthouse-self-help-center

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

Questions about a spouse who refuses to sell in Virginia

Q1. Can I sell the house if my spouse refuses?

A. Not alone when both names are on title. Both owners sign the listing, the offers, and the closing papers. Confirm the signing requirements for your sale with your attorney. Virginia Code section 20-107.3(C) says the court is allowed to order sale of real property. The statute says allowed. It does not say a court will. Try written terms first.

Q2. Do both spouses have to sign the listing agreement?

A. Yes, when both are on title. Confirm the signing requirements for your sale with your attorney. Both owners also sign offers and closing papers. If one spouse refuses to sign, the listing does not go live. Settle the terms in writing first, and send a copy to each spouse's attorney.

Q3. What does Virginia Code section 20-107.3(C) say about a court-ordered sale?

A. The court is allowed to order sale of real or personal property by private sale by the parties, through an agent the court directs, or by public sale as the court directs, without the necessity for partition. The statute says allowed. It does not say a court will order a sale in your case. Ask your attorney whether to request one.

Q4. What should I try before asking a court to order a sale?

A. Start with written terms: a listing date, a price range, who pays carrying costs, and how proceeds are held. Agree on one neutral value and a tiebreak rule. Run a net sheet so both spouses see the money. Then try mediation. Ask your attorney whether mediation fits your case.

Q5. What does it cost to wait?

A. Carrying cost is the monthly cost of holding the house. On an example $3,500 a month, three months is $10,500, six months is $21,000, and twelve months is $42,000. The loan, taxes, insurance, and upkeep keep running while you argue. Agree in writing on who pays each bill.

Q6. How do we settle a price fight?

A. Agree on one neutral value before you talk about a split. On an example $300,000 payoff, a $720,000 view and a $780,000 view leave each spouse's half of the equity $30,000 apart. Write a tiebreak rule first. Two licensed appraisals averaged is one option. Ask your attorney which rule fits.

Q7. Should I accept a low offer to end the fight?

A. Run the net sheet at the offer price first. On an example $750,000 value, a $30,000 lower price cuts each half of the equity by $15,000. Compare that to the carrying cost of waiting. Do not accept because you are tired. Do not refuse because you are angry. Ask your attorney before you sign.

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 here:

Virginia Judicial System Self-Help, Find a Lawyer (lists the Virginia State Bar Lawyer Referral Service, 1-800-552-7977)

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 service is independent of me. I do not guarantee any attorney's work or results.

Marc Cormier