When One Spouse Refuses to Sell the Home: Options in a Minnesota Divorce

Understanding Divorce Real Estate in the Twin Cities, MN

Divorce is emotionally and financially complex—especially when it involves real estate. In the Twin Cities market, where home values have continued to climb and inventory remains tight, the marital home often becomes the most significant asset a separating couple must address. But what happens when one spouse refuses to cooperate with selling the property or declines to sign listing agreements?

This scenario is more common than many expect. Fortunately, Minnesota law provides clear frameworks for how to move forward.

Minnesota’s Distinct Rule: “One to Buy, Two to Sell”

In Minnesota, the sale of marital property is guided by a straightforward principle: one spouse may purchase the property, but both must consent before it can be sold.

Even when only one spouse holds title, the other spouse may still possess a marital interest in the home. As a result, both spouses are generally required to approve and sign off on the sale—especially in the context of a divorce.

A spouse’s refusal to sign listing documents or cooperate can delay or complicate the process. However, it does not make the sale impossible. Courts and legal remedies exist to move the transaction forward when cooperation breaks down.

Why One Spouse Might Refuse to Sell

Before exploring solutions, it’s helpful to understand the motivations behind non-cooperation. Common reasons include:

• Emotional attachment to the home

• Desire to disrupt or delay the divorce process

• Perceived financial disadvantage

• Hope to negotiate better terms

• Misconceptions about their rights or obligations

Regardless of the reason, Minnesota courts have tools to deal with this situation. 

Your Options When a Spouse Won’t Cooperate with Selling the Home

Below are the primary options available to divorcing parties in Minnesota when one person refuses to cooperate.

Court-Ordered Sale of the Property

If one party refuses to sign the listing agreement or closing documents, the other spouse can request that the district court order the sale.

A judge may:

• Order that the property be listed for sale

• Assign a specific real estate agent

• Set price and terms

• Require both parties to sign all necessary documents

• Authorize a neutral third party to sign on behalf of an uncooperative spouse

In Minnesota, this is a common and effective remedy.

Appointment of a Neutral “Special Master” or Real Estate Professional

Under Minnesota Rule 53, courts may appoint a Special Master to oversee the sale of the property. This neutral party has the authority to:

• Select the listing agent

• Facilitate the preparation of the home

• Manage offers and negotiations

• Sign documents if a spouse refuses

A Special Master removes the emotional roadblocks and ensures the asset is handled efficiently.

Temporary Orders During the Divorce

If the divorce is ongoing, a spouse can request temporary relief motions, which may include:

• Granting exclusive use of the home

• Authorizing expenses related to the property

• Requiring cooperation in listing or maintaining the property

These short-term orders can prevent the situation from escalating while the larger divorce issues are resolved.

Mediation or Alternative Dispute Resolution (ADR)

Before escalating to the courts, Minnesota strongly encourages mediation or ADR. A skilled mediator can:

• Clarify financial implications

• Address emotional concerns

• Help the parties reach a mutually acceptable agreement

• Avoid litigation costs and delays

Mediation is often successful, especially when paired with professional guidance from divorce-specialized real estate experts.

Buying Out the Other Spouse’s Interest

A buyout may be possible if one spouse wants to keep the property and can:

• Qualify for a refinance on their own

• Pay the other spouse their share of the equity

• Remove the other party from the mortgage

However, the key challenge is often the same: cooperation. Without it, refinancing or buyout efforts may also require court involvement.

Assigning Power of Attorney for the Sale

In rare situations, the court may grant one spouse—or their attorney—power of attorney specifically for signing real estate documents when the other spouse refuses. This is typically done only when all other cooperation efforts have failed.

The Role of a Certified Divorce Real Estate Expert (CDRE®)

Divorce-related real estate requires a high level of specialization and neutrality. A Certified Divorce Real Estate Expert (CDRE®)—a Realtor® trained specifically in the complexities of divorce sales—helps protect the interests of both parties by:

• Delivering impartial and accurate home valuations

• Collaborating seamlessly with attorneys, mediators, and other divorce professionals

• Facilitating clear, balanced communication between spouses regarding the property

• Reducing conflict throughout the listing and sale process

• Ensuring compliance with legal requirements and court-ordered directives

In the Twin Cities—where transparency, market knowledge, and precise valuation are critical—a CDRE® plays a vital role in helping divorcing homeowners reach a fair, efficient, and equitable outcome.

Final Thoughts

• Minnesota requires both spouses to sign off on the sale of a marital property—even if only one is on title.

• If one spouse refuses, there are clear legal remedies, including court-ordered sale, Special Master involvement, or temporary orders.

• Professional help—including divorce-trained real estate experts—can significantly reduce conflict and protect both parties’ interests.

• Non-cooperation does not prevent a home from eventually being sold.

Looking for Trusted Guidance on Twin Cities Divorce Real Estate?

Navigating real estate decisions during a divorce requires more than standard market expertise—it demands a combination of specialized knowledge, legal awareness, and sensitivity to complex dynamics. Whether you’re facing an uncooperative spouse or simply need clarity on your available options, hiring an experienced divorce-focused real estate professional can help safeguard your interests and ensure the process moves forward with confidence and efficiency.

If you’re planning to sell your Minneapolis or St. Paul home during a divorce, choosing a Realtor®/CDRE® skilled in the unique nuances of divorce real estate can make the experience smoother, more transparent, and more manageable for everyone involved.

Shannon Lindstrom, Realtor®, CDRE®, MILRES, MRP, VCA
RE/MAX Results – Minneapolis & St. Paul Metro
7373 Kirkwood Court No, Ste. 300
Maple Grove, MN 55369
Direct: 612-616-9714
Lindstrom_S@msn.com
Shannon@ShannonLindstromRealtor.com
www.ShannonLindstromRealtor.com
www.ShannonLindstrom.info
https://www.ilumniinstitute.com/cdre/shannon-lindstrom
www.MNDivorceRealEstateExpert.com