Joel DyckReal Broker SK Ltd.
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Can a house be sold during a divorce if only one spouse wants to sell?

A house generally cannot be sold during a Saskatchewan divorce if only one spouse wants to, because The Homesteads Act, 1989 requires the non-owning spouse's written consent to sell or mortgage the family home no matter whose name is on title.

If the other spouse refuses to consent, the spouse who wants to sell can apply to the Court of King's Bench for an order authorizing the sale, a route that involves a lawyer and typically takes longer than a straightforward listing.

The Family Property Act separately governs how the eventual proceeds are divided, so a court order to sell does not by itself decide who gets what; that is a second, related question the same court process usually addresses.

A hand-reviewed valuation from Joel Dyck, done before either spouse takes a position to a lawyer, often removes the disagreement that led to a refusal in the first place. Get your hand-reviewed valuation from Joel Dyck.

Get your hand-reviewed valuation from Joel Dyck.

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