Ignoring Court Order to Sell House: What Homeowners Need to Know

If you are facing a court order to sell your house, you may already be dealing with a difficult situation like divorce, probate, or a disagreement with a co-owner. But ignoring court order to sell house can lead to serious legal consequences. Whether you are delaying the process or your ex partner is ignoring the order, understanding your legal obligations and potential consequences is critical to protect your financial future and peace of mind.
At Property Sales Group, we help homeowners navigate complex legal situations involving property division, court orders, and forced sales. In this guide, we break down what happens when someone ignores a court order to sell, the legal process that follows, and what options you have to move forward, quickly and safely. This often involves aspects of family law, especially in cases related to divorce and the division of the family home.
What Is a Court Order to Sell a House?
A court order to sell a house is a legally binding decision made by a judge that requires one or more parties to complete a house sale, often due to unresolved property disputes. These situations usually arise during divorce proceedings, probate cases, or when joint owners can’t agree on what to do with jointly owned property.
A court order is not a recommendation, it is a directive backed by legal enforcement. When one party refuses to comply, the court can take legal action to ensure compliance. Ignoring a court order can delay the sale, increase legal costs, and result in penalties.
Situations That May Result in a Court-Ordered Sale
- Divorce proceedings involving the family home or marital home
- Probate or estate administration where heirs cannot agree
- Disputes between joint tenants or joint owners
- One partner refusing to sell after a relationship breakdown
- Financial settlements requiring liquid assets like home equity
In many of these cases, the home is one of the most valuable assets. The court's decision to order a sale ensures the sale proceeds can be fairly distributed.
Ignoring a Court Order to Sell a House: Legal Consequences

Ignoring a court order to sell a house can trigger serious legal consequences, especially if one partner or ex ignoring court order or obstructing the process. Non compliance with the court’s instructions can result in fines, legal fees, wage garnishment, or even imprisonment in extreme cases.
Contempt of Court and Further Legal Action
When an individual fails to follow the court’s instructions, the other party can file an enforcement application. This could lead to a contempt of court charge, which carries financial penalties, community service, and in some cases, jail time.
If you or the other party continue ignoring a court order, the court may escalate the situation by appointing a neutral third party, such as a court appointed receiver, to oversee and complete the house sale on the open market.
Financial and Legal Ramifications
Here are some additional risks that come with ignoring court orders:
- Legal fees: You may be responsible for both your own and the other party’s legal fees.
- Court charges: Additional fees may apply for court appearances or enforcement motions.
- Legal costs: Expenses related to filing motions, hiring attorneys, and seeking further legal action.
- Mortgage payments: Delays in selling could result in overdue mortgage repayments, affecting your credit.
- Sale proceeds: The court may deduct any additional legal costs from your share of the sale proceeds.
- Financial settlements: You may forfeit favorable financial outcomes due to non compliance.
Why People Ignore a Court Order to Sell

In many cases, ignoring a court order happens due to emotional attachment, miscommunication, or financial disagreements. However, even in these specific circumstances, the consequences of non compliance often outweigh any perceived benefits.
Common Scenarios
- Divorce disputes: One spouse wants to keep the house, while the other demands the sale. The result is a standoff during divorce proceedings.
- Inheritance conflicts: Siblings inherit a house and cannot agree to sell, leading to stalled probate or court intervention.
- Relationship breakdowns: An ex partner refuses to sign documents or list the home, preventing the house sale.
- Business partnerships: Jointly owned property held by former business partners becomes a source of disagreement.
- Joint tenancy issues: In joint tenancy, both parties must usually agree to sell, unless the court intervenes.