Published on August 8, 2024
Failure to Cooperate with the Sale of Property After Divorce in Texas
When a Texas divorce decree orders the sale of a home or other property, both spouses are expected to cooperate to ensure the sale is completed. But what happens when your ex-spouse refuses to list the house, sign closing documents, or allow showings? At Guerra Days Law Group, we help clients enforce their rights when a former spouse is obstructing a court-ordered sale.
Common Post-Divorce Sale Disputes
Divorcing spouses often agree—or are ordered by the court—to sell real property and divide the proceeds. However, once the divorce is final, one party may:
- Refuse to list the property with a realtor
- Decline to sign a purchase offer or contract
- Delay or sabotage showings and open houses
- Fail to maintain or repair the property
- Refuse to vacate the home before closing
These tactics can delay the sale, reduce the home’s value, and cause significant financial harm to the cooperating spouse.
Is This a Violation of the Divorce Decree?
Yes. If the divorce decree includes specific requirements for selling the home—such as deadlines for listing or duties to sign sale documents—refusal to comply may constitute a violation of a court order. You have the right to file a motion to enforce in family court.
Legal Remedies for a Non-Cooperative Ex-Spouse
Texas courts have broad authority to enforce divorce decrees. If your ex is blocking the sale of real estate, the court can:
- Order the property listed by a specific realtor
- Set a timeline for accepting offers or closing the sale
- Compel your ex-spouse to sign contracts or deeds
- Appoint a receiver to manage and complete the sale
- Authorize a judge or receiver to sign documents on their behalf
- Sanction your ex-spouse or award you attorney’s fees
When a Receiver Is Appointed
A receiver is a neutral third party appointed by the court to take over the sale process when a spouse refuses to cooperate. The receiver has the power to:
- List the home for sale
- Sign offers and closing documents
- Distribute sale proceeds according to the decree
While receivership involves additional costs, it ensures the sale can move forward and removes control from the obstructive spouse.
Proving Obstruction and Bad Faith
To support your enforcement motion, you should collect evidence showing your ex’s lack of cooperation, such as:
- Emails or texts refusing to sign documents
- Missed meetings with the realtor
- Proof of declined offers or unreasonable delays
- Testimony from the listing agent
The more documentation you have, the stronger your case will be in court.
Can the Court Change the Sale Terms?
In some cases, if the divorce decree lacks specific language about how the sale is to be conducted, or if circumstances have changed, you may be able to seek a modification of the order. For example, you could request:
- Revised listing or sale deadlines
- A change in responsibility for repairs or maintenance
- Temporary exclusive possession of the home
The court will weigh the equities and attempt to preserve fairness between the parties.
Preventing Sale Obstruction with Strong Decree Language
When drafting divorce decrees, it’s important to include:
- Specific deadlines for listing, accepting offers, and closing
- A named realtor or process for selecting one
- Clear obligations to sign documents and cooperate in good faith
- A default remedy such as appointing a receiver or authorizing judicial signatures
We work with clients during divorce to draft enforceable sale provisions that avoid future problems.
Let Guerra Days Law Group Help You Enforce Your Rights
If your ex-spouse is refusing to cooperate with the sale of property ordered in your divorce decree, Guerra Days Law Group can help. We will file the necessary motions, gather the evidence, and push to enforce or modify the order in your favor.
Call today to schedule a consultation and move forward with your court-ordered property sale.
