Ex-Spouse Refuses to Sell Marital Home After Divorce: What to Do

Divorce proceedings can be particularly challenging, especially when it comes to the issue of dividing matrimonial assets like the matrimonial home. When an ex-spouse refuses to sell the matrimonial home as ordered by the court, this can further create significant legal and practical challenges.

There are several reasons your ex-spouse may refuse to comply with a court order to sell the matrimonial home. This can range from personal – for example, having an emotional attachment to the home which carries a sentimental value to him/her – to practical reasons, such as not wanting to go through the hassle and inconvenience of finding an alternative residence.

There could also be financial reasons, such as the belief that the value of the home may appreciate. Your ex-spouse may also be dissatisfied with the terms of the court order, such as the percentage of split of the sale proceeds or experience a change of mind post-divorce.

All of these may result in him or her disrupting the process of selling the matrimonial home and thereby failing to comply with the court order to sell the home.

This article aims to discuss what happens to a matrimonial home post-divorce, the process of selling the matrimonial home as well as what steps to take if you find yourself caught in a situation where your ex-spouse refuses to cooperate in the sale.

What Happens to a Matrimonial Home After a Divorce and Who Decides This?

As part of the divorce process, your matrimonial home – which can be a private property or Housing & Development Board (HDB) flat – will be liable to be divided if it is considered to be a matrimonial asset.

There are two common options for this:

1. One spouse’s share of the property can be transferred to the other spouse; or
2. The property can be sold in the open market with the proceeds to be split between you and your ex-spouse.

In an ideal situation, both you and your spouse are able to agree on which option to take as well as the other terms of the arrangement, such as in what proportion the sale proceeds will be divided if both of you choose to sell the property. However, if you and your spouse are unable to reach an agreement on what should happen to the property after the divorce, the matter will be submitted to the court to make a decision for you. In both scenarios, the final decision on what to do with the matrimonial home will be recorded in a court order following the divorce.

What Happens When the Court Orders a Matrimonial Home to be Sold?

When the court orders the sale of a matrimonial home, both parties are to comply and cooperate in carrying out the terms of the court order. This entails following through with the sale process, which consists of the following steps:

Court order for sale

The court order should specify the terms of the sale such as the deadline to sell the flat and the distribution of sale proceeds, which parties should keep in mind when beginning the sale process. Generally, the matrimonial home is sold after the final court order (i.e. Final Judgment for Divorce) is issued. However, parties should start taking initial steps to market the property, such as agreeing on the sale price or engaging a valuer to do so, listing the property for sale on property websites or appointing an agent to assist you to do so, once the Interim Judgment is out.

Agreement on sale price 

If the court order does not state the sale price, both you and your ex-spouse may need to jointly agree on the value of the property to be sold. For an estimated value of your property based on previously transacted prices, you may wish to check the HDB website for HDB flats or the URA website for private properties. If both parties disagree on the sale price, the court order may specify the terms to reach an agreement, such as appointing a professional valuer to determine a fair market value.

Marketing the property for sale

Parties may wish to engage a real estate agent to handle the marketing and sale of the property, arrange viewings and negotiate with potential buyers on their behalf. The court can also appoint an agent if this is stated in the court order. Otherwise, you and your ex-spouse should start listing the property for sale on platforms such as property websites, mobile apps and newspaper advertisements.

Appointment of conveyancing lawyer

Once an interested buyer is secured and negotiations are finalised, you should appoint a conveyancing lawyer to prepare the legal paperwork to be executed by you and your ex-spouse. Your conveyancing lawyer will assist you with the legal aspects of the sale process and provide you with a list of documents needed to facilitate the sale of the property.

Removal of movable property (if applicable)     

If the property is to be sold with vacant possession, all movable property must be removed from the property by completion of the sale, unless otherwise agreed to by the parties in the sale and purchase documents. In such a case, you and your ex-spouse should prepare to move all of your belongings, equipment and furniture out of the matrimonial home before the completion date.

The sale process is completed with the transfer of the property ownership to the new buyer and the distribution of the proceeds to you and your ex-spouse according to the court order.

What Can I Do If My Ex-Spouse Refuses to Sell the Matrimonial Home Despite a Court Order to do so?

Post-divorce, you may encounter a situation where your ex-spouse refuses to cooperate to sell the matrimonial home by disrupting the sale process above, for e.g. denying entry to potential buyers to view the property, refusing to move their belongings out of the home or refusing to sign the sale documents. In such a situation, there are several steps you can consider taking:

1. Enforcing the Registrar’s Empowerment Clause
2. Mediation
3. Commencing contempt of court or committal proceedings

1. Enforcing the Registrar’s Empowerment Clause

In some situations, your ex-spouse may have been cooperative during the sale process up until the final stage, i.e. the preparation and execution of the sale documents. At this point, a suitable buyer for your matrimonial home would have been found and parties will now need to execute the necessary sale documents with the prospective buyer. Your ex-spouse may try to disrupt the sale process by withholding his or her signature in the execution of these sale documents, despite your repeated attempts to request his or her signature.

In such a situation, it may be worth considering applying to the Family Justice Court to enforce the Registrar’s Empowerment Clause in the court order. The Registrar’s Empowerment Clause empowers the registrar to sign documents on behalf of the non-compliant party to facilitate the sale or transfer of the matrimonial home.

However, you should first check the validity of your court order before you file your application, as the registrar will not accept an order in which the timeframe for sale/transfer has lapsed. For example, if the order states that the sale of the property is to take place within 6 months of the Final Judgment but more than 6 months have passed, the court order is no longer considered valid. In such a case, a separate application must be filed to extend the timeframe for the sale/transfer.

Divorces in Family Justice Courts

The Registrar’s Empowerment Clause can take two forms:

• Category A order: Empowers the registrar to sign the relevant documents without any pre-conditions. This means that there is no requirement for a written notice to be served on the defaulting party before the registrar’s power kicks in. An example of such a clause will look like this:
  • “The Registrar/ Assistant Registrar of the Family Justice Courts under section 31 of the Family Justice Act 2014 is empowered to execute, sign, or endorse all necessary documents relating to matters contained in this order on behalf of either party.”
• Category B order: Empowers the registrar to sign the relevant documents only in the event of a default by a party in signing the relevant documents. This power kicks in upon default of written notification to the non-compliant spouse to sign the relevant documents. An example of such a clause will look like this:
  • “The Registrar or Deputy Registrar of the Family Justice Courts under section 31 of the Family Justice Act (Act 27 of 2014) is empowered to execute, sign or endorse all necessary documents relating to the matters contained in this order on behalf of either party should either party fail to so within seven (7) days of written request being made to the party.”

If the court order for your divorce has a Registrar’s Empowerment Clause included, you can apply to enforce this clause by way of filing an application in the Family Justice Courts.

In making an application, the documents that may be required to be submitted are:

• A Certified True Copy of the court order containing the Registrar’s Empowerment Clause to sign relevant documents
• Original documents required to be signed by parties (i.e. transfer or sale documents)
• A duplicate copy of each of the original documents to be signed by the Registrar, which will be retained by the court
• [For Category B orders only] An affidavit in support detailing your failed attempts to request your non-compliant spouse to execute the documents within the specified timeline. A sample of this affidavit is available on the Singapore Courts website.

If you are applying to enforce a Category B order, you will need to provide documentary evidence of all your attempts to get your ex-spouse to cooperate with the sale process. This can include letters from you or your lawyer to your ex-spouse and/or screenshots of text messages and written correspondence between you to your ex-spouse containing your request for him or her to execute the sale documents.

Divorces in Syariah Court

Similarly, for Muslim divorces under Syariah law, if the court order issued by the Syariah Court contains a similar proxy power clause allowing the court to sign  documents to sell or transfer the matrimonial property on behalf of a defaulting spouse, you can make a similar application in the Family Justice Courts to file a Praecipe (Request) through the Syariah Court Portal under section 53 of the Administration of Muslim Law Act.

The Registrar’s Empowerment Clause can also take two forms and appear like this:

Source: Explanatory Notes for Execution of Documents under Section 53A of Administration of Muslim Law Act 1966 (2020 Rev Ed)

In making an application, the documents that you may be required to be submitted are:

• Certified True Copy of court order containing the Registrar’s Empowerment Clause to sign relevant documents
• Original documents required to be signed by parties (i.e. transfer or sale documents)
• A duplicate copy of each of the original documents to be signed by the Registrar, which will be retained by the court
• [For Category B orders only] An affidavit in support detailing your failed attempts to request your non-compliant spouse to execute the documents within the specified timeline. A sample of this affidavit is available on the Syariah Court Portal website
• Praecipe (Request)
• A copy of search results on the latest transacted property prices or resale HDB flat prices for the last 6 months preceding the date of request, or a valid valuation report

What documents are the registrar empowered to sign?

Not all the documents relevant to the surrender, sale or transfer of the property will necessarily be signed by the registrar. Some of the documents which the registrar will sign include:

• The Resale Application Form (includes authorisation to request for CPF information)
• Resale Levy Form (Note: This would only be signed if the ancillary matters court order has dealt specifically with this issue.)
• Letter of Authorisation (for payment of proceeds to solicitors)
• Sale and Purchase Agreement
• Transfer Instrument or Deed of Assignment
• Transfer Application Form
• Warrant to Act (if applicable)
• Concessionary Stamp Fee Form

What to consider when enforcing the Registrar’s Empowerment Clause

Enforcing the Registrar’s Empowerment Clause can be a relatively straightforward process if there is clear and strong evidence of your defaulting ex-spouse’s non-compliance with the court order.

In granting the application, the court may also appoint a third party e.g. an agent or trustee to act on behalf of the defaulting ex-spouse to oversee the sale process. This prevents or deters the defaulting ex-spouse from further frustrating the sale process.

However, the process of going back to court may be time-consuming, putting further strain on you and your ex-spouse’s relationship. In addition, higher legal fees will be incurred from the costs of filing the application, court filing fees and engaging a lawyer to act for you in the process.

2. Mediation 

Before escalating the matter to court, you and your ex-spouse may wish to consider engaging in mediation to resolve the issue amicably. This option would be preferable if both parties are open to discussion and willing to cooperate to solve the issue. Mediation is also generally less expensive and time-consuming as compared to prolonged legal proceedings, and parties generally have more control and autonomy over the discussions taking place during  mediation. Alternatively, you and your ex-spouse can appoint your respective lawyers to help facilitate the discussion.

Parties can consider the following providers offering mediation for divorce-related issues:

• Family Dispute Resolution Centre at Family Justice Courts
• Law Society Family Law Mediation and Neutral Evaluation Scheme
• Singapore Mediation Centre Family Mediation Scheme

During the mediation, you and your ex-spouse (or through your appointed lawyers, if any) will discuss your respective position, concerns and interests about the sale of the property, and explore potential solutions with a neutral mediator. The mediator’s role is to help parties find common ground and for them to come to a mutually acceptable settlement.

If you and your ex-spouse manage to come to an agreement to resolve the issue, the mediator and/or your respective lawyers will assist with drafting the terms of agreement, which will be formalised into a binding court order.

3. Commencing proceedings for contempt of court

If the above two options fail, you may wish to consider initiating contempt of court proceedings. This should also be considered if your ex-spouse refuses to comply with court order by disrupting other stages of the sale process apart from the execution of sale documents.

If the court has issued an order for the sale of the property, both parties are legally bound to comply. Section 4(1)(a) of the Administration of Justice (Protection) Act states that:

“any person who intentionally disobeys or breaches any judgment, decree, direction, order, writ or other process of a court commits a contempt of court”.

This is a serious offence that can attract a fine of up to $20,000 and/or imprisonment for a term of up to 12 months.

The general process for initiating proceedings for contempt of court otherwise known as committal proceedings) is as follows:

1. Serve on your ex-spouse a copy of the court order endorsed with the penal notice.
2. File an application to the court for permission to apply for an order of committal. In your application, you have to submit an affidavit containing compelling evidence to prove that your ex-spouse had deliberately disobeyed the court order. For example, if your ex-spouse was unable to obey the order due to illness or accident, this will not constitute deliberate contempt. Your affidavit should state:
   • The name, description, and address of the applicant (i.e. you).
   • The name, description and address of the party who did not comply with the court order or judgment (i.e. your ex-spouse).
   • The reasons for applying for the committal order.
3. The court will then assess your application and decide whether there is sufficient basis to grant you permission to apply for an order of committal and have your non-compliant ex-spouse brought to court.
4. If the court grants permission, you can then file a summons for an order of committal for contempt of court within 14 days of the date of permission, and the court will set a hearing date. You will need to serve on your ex-spouse the original application with your affidavit, the court order granting permission and the summons to obtain the committal order.
5. At the hearing, the court will hear both parties before deciding whether to make a committal order. Depending on the facts of the case, the court may either impose an imprisonment sentence or a fine or both on the party who did not comply with the court order or judgment.

Due to the serious consequences of this procedure, commencing proceedings for contempt of court should be considered as a last resort after all other options have been exhausted.

A major disadvantage is that such proceedings may not always result in compliance (for example, if your ex-spouse has a strong defence, such as health reasons e.g. developed a serious medical illness, disability or injury, or a change in financial circumstances preventing him or her from carrying out the sale) and can further escalate conflict between you and your ex-spouse.

It can also be a lengthy process – the time taken to obtain an order pronouncing your ex-spouse in contempt may take anywhere from a few weeks to a few months.

You can learn more about contempt of court in divorce proceedings in our other article.

Can I Ask My Ex-Spouse to Sell the House If There was No Court Order to do so? 

If the court order clearly states that one spouse’s share is to be transferred to the other spouse and does not specify that the property is to be sold, you do not have the legal right to force your ex-spouse to sell the property. This applies once you have transferred your share to your ex-spouse, who will then have sole ownership of the property and can decide what he/she wants to do with it.

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If your ex-spouse has not complied with any divorce court orders, you may wish to hire a divorce lawyer who can advise you on your legal options – such as whether it would be better to attempt to mediate or negotiate with your ex-spouse, proceed with enforcement proceedings or commence contempt of court proceedings.

Commencing proceedings for contempt of court or enforcing a court order for the sale of a matrimonial home can be a complex and sensitive matter, so seeking legal advice is crucial to understanding your rights and the best course of action in your specific situation. You may wish to contact the lawyer you have previously engaged for the divorce for advice. Alternatively, you may reach out to our divorce lawyers here.