Insights

What if one party refuses to dispose of the shared property after divorce in Ningbo?

Ningbo Author：LuXu WANG

When Mr. Zhao divorced his ex‑wife, they agreed to divide the proceeds from the sale of their jointly owned property; however, his ex‑wife has consistently refused to cooperate with the sale, leaving the property unable to be liquidated for an extended period. To conclude: If, after divorce, one party refuses to cooperate in the disposition of jointly owned property, the other party need not wait passively—under Article 303 of the Civil Code, they may petition the court to divide the jointly owned property, with the court ruling that the property be awarded to one party in exchange for compensation, or that it be auctioned or sold and the proceeds divided. If the other party still fails to cooperate after the judgment takes effect, the party may apply for enforcement. Such disputes in Ningbo are generally handled as post-divorce property disputes, with clear procedures and strong enforceability.

1. Legal Basis and Rules of Judgment

Article 303 of the Civil Code stipulates: if the co-owners agree not to divide the shared real or movable property to maintain the common relationship, they should follow the agreement, but if the co-owners need to divide for significant reasons, they can request for division; if there is no agreement or the agreement is not clear, the co-owners can request for division at any time, A common co-owner may request a division when the common basis is lost or there are significant reasons for the division. After divorce, the parties no longer have the status of spouses, and the basis for their joint ownership has thus been eliminated; either party is entitled to request a division of the jointly owned property. This constitutes the core legal principle underlying such litigation.

Article 76 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Code of the the People's Republic of China Civil Code stipulates that when both parties fail to reach an agreement on the value and ownership of the house in the joint property of husband and wife, the people's court shall deal with them separately according to the following circumstances: if both parties claim the ownership of the house and agree to bid for it, it shall be allowed; if one party claims the ownership of the house, it shall be assessed by the market price, the party that acquires the ownership of the house shall give the other party corresponding compensation; if neither party claims the ownership of the house, the price of the house shall be divided according to the application of the parties to auction or sell the house. Accordingly, the court has three options for dividing the property: acquisition through bidding, valuation followed by one party acquiring the property and compensating the other, or auctioning or selling the property and then dividing the proceeds.

The Ningbo courts’ judicial approach to cases of “refusal to cooperate in the disposal of jointly owned property” is consistent with the aforementioned rules: the property may be directly awarded to one party with compensation to the other, or the proceeds from its auction may be divided. According to the public case of Ningbo court, in the property dispute after the divorce between Wang moumou and Zheng mou, the court determined that some houses were common property and ruled that the houses registered in the defendant's name belonged to the plaintiff and the plaintiff paid the compensation of 328500 yuan. In the property dispute after the divorce between Xu mou and Chen mou (Ningbo zhenhai court), the plaintiff and the plaintiff paid the defendant 744362.67 yuan for the real estate registered under the names of both parties; in the property dispute after the divorce between Chen Moumou and Xiang Moumou (Ningbo Ninghai Court,(2011) Yong Ning Min Chu Zi No. 1335), after the undivided house was auctioned, the court ruled that the plaintiff received 235000 yuan and the defendant received 2850

00yuan.

2. Situation breakdown: coping with different barriers

  1. The other party refuses to cooperate with the sale and refuses to vacate the property.: After finalizing the notice of demand, proceed directly to filing a lawsuit for partition, with the claim clearly stated as either “the house shall be owned by one party, who shall compensate the other” or “the proceeds from the auction or sale shall be divided.”
  2. Both parties want the property: they may opt for a bidding process, with ownership awarded to the highest bidder, who will compensate the other party, thereby avoiding delays associated with appraisals.
  3. The house is registered under one party’s name, while the other party claims co-ownership.: First, clarify the ownership—where the divorce agreement or court judgment has already confirmed joint ownership, such claim may be asserted based on the relevant document; where joint ownership has not been confirmed, it must first be established in litigation before proceeding with the division.
  4. The property is subject to a mortgage or a court-ordered seizure: When dividing the property, the interests of the mortgagee must be taken into account; upon auction or sale, the proceeds shall first be used to satisfy the secured debt, and only the remaining portion shall be divided. If the property is seized, the seizure must be resolved (through an objection to enforcement or by obtaining a release) before any division can proceed.
  5. Worried that the other party will sell, mortgage, or transfer the asset first.: At the time of filing the lawsuit, simultaneously apply for property preservation measures, such as sealing off the property and freezing bank accounts, to prevent the judgment from being unenforceable.
  6. The divorce agreement stipulates “division of proceeds after sale,” but it cannot be fulfilled.: An agreement does not constitute a waiver of the right to seek partition; when the other party refuses to cooperate, thereby rendering the purpose of the agreement unattainable, one may petition the court to order partition (the statutory right to seek partition cannot be defeated by an agreement).

3. List of Material Evidence and Operating Procedures

Before the division of the lawsuit, it is suggested to prepare: divorce agreement or divorce judgment (confirmation of common relationship and division intention), real estate ownership certificate or registration inquiry form, identity of both parties and marriage dissolution certificate, reminder record of the other party's refusal to cooperate, materials of housing status and possession, inquiry results of mortgage and seizure. The process proceeds as follows: "Notice of Demand → Preservation Measures → Litigation → Enforcement."

  1. Issue a written notice of demand, requiring the other party to cooperate with the sale within a specified time limit or to negotiate a disposal plan, thereby documenting their refusal to cooperate.
  2. Negotiated resolution options: sale of the share, buyout compensation by one party, or joint application for auction;
  3. If no agreement can be reached, file a lawsuit with the competent court regarding post-divorce property disputes, requesting division of the property and simultaneously applying for property preservation measures.
  4. If the value of the property is disputed in litigation, apply to the court to appoint a qualified appraisal agency to conduct an appraisal.
  5. If the other party still fails to cooperate after the judgment takes effect, apply for compulsory enforcement of the transfer or a judicial auction.

4. Analysis of Common Misconceptions

Myth 1: You can only keep waiting for the other party’s approval.Correct answer: After divorce, the basis for joint ownership is lost; a party meeting the statutory requirements may directly file a lawsuit to divide the property without requiring the other party’s cooperation.

Misconception 2: It can only be divided equally. Correct answer: The court will, in light of factors such as the contribution of funds, marital fault, child custody, and housing needs, determine the shares and any compensation on a case-by-case basis; it is not necessarily a 50/50 split.

Misconception 3: Once a sale is agreed upon in the agreement, no further lawsuit can be filed.Correct answer: When the other party refuses to cooperate, rendering the agreement unenforceable, one may request the court to adjudicate the division; the agreement does not preclude the statutory right to seek a judicial division.

Misconception 4: Once a judgment is issued, there’s nothing that can be done if the other party refuses to move out.Correct answer: After the judgment takes effect, you may apply for compulsory enforcement; the court may order the forced eviction, transfer of ownership, or judicial auction. Those who refuse to cooperate may be subject to coercive measures such as fines or detention.

5. Claims, causes of action, and details of document finalization

The cause of action in such disputes is generally classified as “post‑divorce property dispute,” which is closely related to the division of marital property in divorce litigation. When property was not divided during the divorce and a separate lawsuit is subsequently filed for its division after the divorce, this constitutes a typical post‑divorce property dispute. The lawsuit request of the complaint can be expressed in three ways according to the appeal: first, "order the xx house registered in the name of both parties to be owned by the plaintiff, and the plaintiff to pay the defendant a discount of xx yuan" (one party wants the house); Second, "order the auction and sale of xx houses, and the proceeds shall be divided according to the proportion of xx" (neither party wants the house); the third is to "confirm that the plaintiff has a x x% share of the x x house, and order the defendant to cooperate in the transfer/sale procedures" (first confirm the right and then dispose of it). The more specific the request, the smoother the evaluation and execution will be.

Attention should be paid to the details of landing: first, after the judgment confirms that the house belongs to one party, if it is registered in the names of both parties, the real estate registration agency can apply for unilateral transfer registration based on the effective judgment; if the other party does not cooperate, the court can apply for issuing a notice of assistance in execution to force the transfer of ownership. Secondly, transferring or selling a property involves taxes; however, in cases of property division upon divorce, tax exemptions or non-taxation may generally apply under the relevant policies. The specific treatment shall be subject to the guidelines provided by the real estate registration and tax authorities. It is advisable to consult and confirm the estimated tax liabilities prior to filing a lawsuit. Third, where the judgment provides for one party to compensate the other, the parties may agree to make payments in installments and stipulate liability for delayed performance, thereby preventing situations where a judgment is rendered but not enforced.

6. Execution phase: eviction, auction, and enforcement measures

If the other party still fails to cooperate after the judgment takes effect, apply for compulsory enforcement: The court may seize the property and forcibly vacate it, then distribute the proceeds from its online judicial auction; for those who refuse to comply with the obligations to vacate or transfer ownership, measures such as fines and detention may be imposed, and in serious cases, they may be suspected of the crime of refusing to execute a judgment or ruling. In the implementation, attention should also be paid to: if the house is rented, the rental income can be claimed to be distributed according to the share before the division. Treating the “judgment–enforcement” process as a single, integrated whole and reserving an enforcement pathway at the time of filing the lawsuit—by clearly specifying the property’s current condition, occupancy status, and whether it is leased—can significantly shorten the time it takes to receive payment.

7. Division calculation, taxes and fees, and transfer process tips

In calculating the amount of discounted compensation, the key is to determine the current market value of the property and its net value subject to division. The current price of the house can refer to the recent transaction price, listing price or evaluation price of the same community. Taking the scenario where “one party acquires the property and assumes the mortgage” as an example: the acquiring party shall pay the other party a compensation amount calculated as follows: (market value – outstanding loan balance) ÷ 2 × the other party’s share percentage, with further adjustments made in accordance with principles that take into account the welfare of the children, the interests of the female party, and the non‑faulting party. Where the parties disagree significantly on the methodology for calculation, they may apply to the court to appoint an expert appraisal; the appraisal costs shall be advanced by the applying party and ultimately allocated according to liability.

Taxes and the transfer path directly affect the net amount: in the divorce analysis and transfer of ownership, the shared property divided between husband and wife is usually subject to tax exemption and non-tax treatment (specifically subject to the real estate registration and tax window) under the policy conditions; if the distribution is finally sold through the market, the normal tax will be paid according to the second-hand house transaction, and the individual tax, value-added tax and deed tax will lower the divisible price, taxes should be included in the cost when measuring. For a property with an outstanding mortgage, transfer of ownership generally requires either first paying off the loan and canceling the mortgage registration, or obtaining the bank’s consent to proceed with a mortgage assumption or borrower change; in cases of auction or forced sale, the proceeds are first used to satisfy the mortgage claim before any division of proceeds. Before filing a lawsuit, conduct a preliminary assessment of “taxes and fees + loan balance + transfer feasibility” to prevent discrepancies between the judgment amount and the enforceable amount.

For houses with unclear divorce agreement, the supplementary agreement is the lowest cost way to make up for leaks: both parties sign a supplementary agreement on the way of sale, the lower limit of pricing, the obligation of cooperation, and the order of distribution after the payment is received. It is clear that "any party shall not refuse to cooperate unilaterally, and shall not sell below the agreed price", and agree to pay liquidated damages to the non-defaulting party; the supplementary agreement may be notarized together with the original divorce agreement or a mediation statement issued by the court to obtain enforcement. If one party is missing and cannot be contacted for negotiation, you may apply for a declaration of disappearance and then proceed with the lawful division of jointly owned property, or directly file a lawsuit concerning post-divorce property disputes. The court will serve the legal documents by public notice and render a default judgment—being “out of contact” should not serve as an obstacle to delaying the division of assets; there are procedural avenues available.

The risk of "co-borrower" of mortgage house should be especially pointed out: if both parties jointly act as borrowers to lend to the bank before divorce, the divorce agreement stipulates that "the property belongs to one party and the loan is repaid by that party", which is only valid within the husband and wife and cannot oppose the bank-the bank can still claim repayment from both parties, and failure to repay the loan will affect the credit of both parties and even lead to the house being sued and auctioned by the bank. The correct treatment is: the party acquiring the real estate negotiates with the bank to change the borrower or transfer the mortgage, or repays the loan in advance to relieve the joint debt before transferring the ownership; If it cannot be changed for the time being, it is stated in the divorce agreement that "if the other party is recovered due to the unchanged loan, the party acquiring the real estate shall bear all the responsibilities and compensate for the losses", and the internal recovery right is fixed, avoid the triple loss of "the house is gone, the debt is still there, the credit is black.

The fee is added: the property dispute after divorce shall be charged acceptance fee according to the standard of property case (accumulative charging according to the amount of lawsuit request). Different from the special charging standard of divorce case, the lawsuit amount directly affects the advance payment fee-the lawsuit request shall be reasonably calculated according to "compensation + share", which not only protects the rights and interests but also controls the cost; the execution fee shall be borne by the executed party during the execution stage, and the applicant does not need to pay in advance payment.

Class Case Reference: The court held that the co-owners can request division at any time when there is no agreement or the agreement is not clear, and the co-owners have the right to request division after the loss of the common foundation (divorce); The real estate involved in the case is shared by both parties (50% each), and was not divided at the time of divorce. After both parties agree, it belongs to the plaintiff, and the plaintiff finds 750000 yuan to make up the difference of the defendant's house division. Trial Court: Case No. of Beilun District People's Court of Ningbo City, Zhejiang Province:(2021) No. 69

77of Zhejiang 0206 Minchu

8. Frequently Asked Questions

After a divorce, if the other party refuses to cooperate with the sale of the house, can I file a lawsuit?

Yes. Upon divorce, the basis for joint ownership is lost, and a post-divorce property dispute may be brought before the court. The plaintiff may request that the court adjudicate that the house be awarded to one party with compensation to the other, or that the proceeds from its auction or sale be divided between the parties.

What if both parties want the house?

It may be subject to a bidding process, with the house being awarded to the highest bidder, who shall then pay compensation to the other party; if no agreement can be reached, the court shall handle the matter through a bidding procedure, an appraisal-based compensation arrangement, or a sale by auction.

Can a house with an outstanding mortgage be divided?

Yes. The party acquiring the property may, through negotiation, assume the remaining mortgage and compensate the other party, or, with the bank’s consent, effect a change in the borrower. If no agreement can be reached, the court shall divide the property by deducting the outstanding mortgage balance from its current market value; proceeds from any auction or sale shall first be applied to satisfy the secured debt.

How long does it take to receive the money after filing a lawsuit?

It depends on whether an appraisal and auction are conducted, as well as the other party’s level of cooperation: mediation or a court judgment ordering compensation at a reduced price tends to be faster, while the appraisal‑auction process usually takes several months or even longer; however, the compensation amount determined by the judgment can be subject to enforcement proceedings.

After the judgment is issued, if the other party refuses to vacate the property, can I apply for compulsory enforcement?

Yes. Based on a final and effective judgment, one may apply to the court for compulsory enforcement. The court may order the forcible vacating of premises, transfer of property ownership, or judicial auction; for those who refuse to cooperate, the court may impose fines, detention, or even pursue criminal liability.

9. Practical Insights from a Lawyer

After a divorce, if the house remains jointly owned and one party refuses to cooperate with the sale, the worst thing you can do is simply wait. The joint ownership relationship has lost its basis due to the divorce, and either party is entitled to request a division of the property without being constrained by the other party’s stance.Therefore, the first step is to sort out the property rights, divorce agreement or mediation document, and the communication records between the two parties, to determine whether to go through the judgment of the house to one party and compensate, or to divide the price after the auction and sale, and to talk about the specific actions after the direction is set, instead of repeatedly asking the other party to sign. First, make clear which path you want to take, and then you will not be passive.

In terms of operation, it is necessary to prepare for how to realize the cash in advance. If you advocate that the house belongs to you, you should have a number of the present value of the house and your ability to pay, and you can't get the compensation if you don't want the house. If both parties don't want the house, they will apply for auction and share the price, but they have to accept the reality that the transaction price may be lower than expected. If the other party still does not cooperate with the withdrawal or transfer after the judgment, it may apply for enforcement. These links are not short, from the prosecution to take into account the cost of time, to avoid the middle because of insufficient funds or evidence preparation and stuck.

At the level of negotiation, the reason why the other party procrastinates and doesn't handle it is often that they want to take advantage of the living and use of the house, or expect you to make concessions because you can't hold on. According to this, conditions can be set, the division scheme can be clearly defined, the time node for moving out and transfer can be agreed, and the consequences of overdue non-performance can be realistic. If the negotiation does not work, it will decisively initiate litigation and preservation, and use procedural pressure to bring the other party back to the negotiating table. The more large assets such as real estate drag on, the more variables there are. Early plans and early starts are usually more worry-free than repeated negotiations.

After the divorce, one party refuses to dispose of the shared real estate, and "waiting" is the worst strategy: first send a reminder letter to fix the facts, apply for property preservation at the same time, and then file a division lawsuit, making the lawsuit request clear as "return to one party + compensation" or "auction sale sub-payment". Mediation can still be attempted during the proceedings to reach an agreed application for judicial confirmation, which can save the time and cost of evaluating the auction.