The Short Answer
If both spouses are on title, both signatures are generally required to sell, list, or transfer the property. One spouse can't unilaterally list the house and force a sale simply by finding a buyer and signing alone, regardless of who's living there or who's paying the mortgage.
What This Means in Practice
This is exactly why so many divorce real estate situations stall out: one spouse wants to sell, the other doesn't, and neither can move forward without the other's cooperation. It's a genuinely common sticking point, and it's worth understanding early rather than being surprised by it mid-process.
When a Sale Can Be Forced
Courts can order a sale in certain circumstances, often through a process your attorney would pursue if negotiation and mediation aren't working. This isn't the first move in most cases, it's usually what happens after other options have been exhausted, since it takes time and adds cost for both sides.
Getting Unstuck Without a Court Order
In my experience, a lot of these standoffs aren't really about the house, they're about the underlying disagreement the house has become a stand-in for. A clear, neutral net proceeds estimate and a realistic look at what waiting actually costs both sides can sometimes move things forward faster than either spouse expects.
If you and your spouse disagree about selling, let's talk through what your options actually look like before this turns into a bigger dispute. Schedule a free, confidential consultation.
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Hannah Ohman is a licensed California real estate professional and a neutral resource during your divorce. While she has a legal background, she does not practice law, provide legal advice, or represent either spouse as an attorney, and nothing in this article should be relied upon as legal advice. Please consult a licensed family law attorney for guidance specific to your situation.