I Have an Order for Sale of a Property But It Is Not Selling: What Are My Options?

Navigating the complexities of property sales during a divorce or separation can often be challenging, especially when one has a court order for sale that is not resulting in a successful transaction. Whether due to market conditions, property valuation issues, or resistance from one party, an order for sale might not yield the expected results. In this blog, we will outline the various options available to individuals in such a situation, helping you understand how to manage an unsold property effectively.

Understanding an Order for Sale

An order for sale is typically issued by a court during divorce proceedings to facilitate the division of marital assets. The order allows one or both parties to sell a property to ensure that the equity is divided appropriately. This order serves as a mechanism to protect both parties’ financial interests, especially if there are children involved or other financial responsibilities related to the property.

Reasons Why a Property Might Not Be Selling

Before diving into your options, it is essential to consider why your property may not be selling despite an order for sale. Some common reasons include:

1. Market Conditions: Fluctuating property markets can significantly affect the time it takes to sell a home. In a slow market, properties may remain unsold for extended periods.

2. Overpricing: If the property is listed at an unrealistic price compared to similar properties in the area, potential buyers may be deterred.

3. Condition of the Property: A property that requires significant repairs or updates may struggle to attract buyers without substantial price reductions.

4. Marketing Strategy: A lack of effective marketing or poor presentation of the property can limit visibility to potential buyers.

5. Occupancy Issues: If one party is still residing in the property, it may hinder viewings and the ability to sell.

Options If Your Property Is Not Selling

If you find yourself with an order for sale and the property is not selling, here are some options to consider:

1. Review the Original Order for Sale

The first step is to examine the details of the original order for sale thoroughly. Ensure that the terms are being followed and that the property is advertised in line with the court’s specifications. You may need to consult your solicitor to ensure compliance with the order.

2. Adjust the Selling Price

If the property is not attracting interest, consider adjusting the selling price. Consulting with a local estate agent for a realistic assessment of current market value can help you set a more competitive price point. Sometimes, even a modest reduction can spark renewed interest.

3. Enhance Property Presentation

Improving the presentation of the property can dramatically increase its marketability. Consider making minor repairs, decluttering, and staging the property to make it more appealing to potential buyers. Professional photographers can also capture the property in its best light, making listings more attractive.

4. Change Estate Agents

If your current estate agent is not producing results, it may be worth considering a change. Different agents have varying strategies, networks, and marketing techniques. Research and choose an agent with a good reputation for selling similar properties in your area.

5. Consider Alternative Selling Methods

If traditional methods are failing, exploring alternative selling methods may yield better results. Options include:

– Auction Sales: Entering the property into an auction can expedite the selling process, often leading to a quicker sale than waiting for buyers in the traditional market.

– Online Property Portals: Listing the property on multiple online platforms can expand your reach and attract potential buyers who may not be active in traditional channels.

– Direct Sales to Investors: Selling directly to property investors or cash buyers can expedite the process since they often seek quick transactions.

6. Revisit the Court

If the property remains unsold despite your best efforts, you may need to return to court. Here, potential options include:

– Application to Vary the Order: You can apply to vary the original order for sale, possibly to extend the timeline or modify criteria regarding the sale.

– Postponing the Sale: If market conditions are particularly poor, you might request that the court postpone the sale for a defined period, allowing time for market recovery.

– Requesting Mediation: If disagreements arise between spouses regarding the sale process, mediation can facilitate communication and resolution, potentially leading to better outcomes.

7. Explore Financial Compensation

If the property remains unsold and is causing financial distress, you could discuss other financial arrangements with your former partner. This could involve interim payments to alleviate immediate economic pressures or an agreement to cover expenses related to maintenance until the property is sold.

Conclusion

Having an order for sale but struggling to sell the property can be a stressful and frustrating experience. However, several options are available to help navigate this challenging situation. By reviewing the original order, making necessary adjustments to the property, and considering alternative selling methods, you can improve your chances of achieving a successful sale.

It is also essential to remain proactive and maintain communication with your solicitor throughout the process. They can provide tailored legal advice and assist in determining the best course of action based on your specific circumstances. With patience and strategic planning, it is possible to overcome the hurdles related to selling a property under an order for sale, enabling you to move forward and focus on a successful transition into the next chapter of your life.

If you are looking for a quote for conveyancing, why not click here for a free, no obligation assessment? For other matters Alexander JLO offer free, no obligation consultations to discuss how we can best assist you. To arrange the same simply click the link here, email info@london-law.co.uk or call on 020 7537 7000.

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson and property partner Matt Johnson on 17th November 2025 and is correct at the time of publication. With over forty years of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading family lawyers. His profile on the independent Review Solicitor website can be found Here. Matt has many years of experience of dealing with property work and specialises in new build and shared ownership properties.  His profile on the independent Review Solicitor website and be found here