Can I sell the home if my spouse does not want to?
For the most part you cannot sell the matrimonial home unless your spouse agrees to the sale. This does not mean that your spouse has the right to prevent the sale of the home forever, but especially if there are children involved, they may be able to delay the sale of the home for quite some time.
If your spouse refuses to sell the home there are a few actions you can take. First you can attempt to negotiate a separation agreement in which you both agree to a certain plan of action with regards to the home. Second, you can start a court Application in which you request that the court force the sale of the home. The court will only do so if your spouse is acting in an unreasonable manner and clearly delaying the resolution of your separation.
If you have moved out of the home but are still paying your share of the housing expenses, you can also request that your spouse pay you “occupation rent” which is monies paid in recognition of the free use your spouse is receiving of the home and also the advantage they are receiving from having your equity tied up in the home they are living in. If you request this relief from the court it may encourage them to move out more quickly.