Forcing the Sale of a Joint Home Through Summary Proceedings: Why It Rarely Works

You Want to Sell, The Other Party Won't Cooperate

The relationship is over. The house is in both your names. You want to sell, the other party is stalling. Meanwhile the costs keep running and perhaps you already have a new home lined up. The pressure is mounting. Is summary proceedings (kort geding) the solution to force a sale?

The District Court of Limburg gave a clear answer on 7 May 2025: in most cases, no.

What Happened?

A man and woman had purchased a home together in early 2024. Their relationship ended before the keys were even handed over. The man moved into the property; the woman did not, she already owned her own home. The man then bought a new property and was facing double housing costs once that was delivered.

He went to court in summary proceedings with a range of claims: the woman should no longer be allowed to enter the property, he wanted judicial authorisation to sell it independently, cooperation from the woman with viewings and transfer, and reimbursement of costs he had advanced.

The woman countered that she was willing to buy out the man's share. They simply could not agree on the property's value.

The court rejected all claims.

Why Does Summary Proceedings Fail Here?

Summary proceedings are intended for urgent situations that cannot wait for full court proceedings. But the court applies that criterion strictly, especially when far-reaching measures are at stake, such as forcing the sale of a jointly owned home.

1. Double housing costs are insufficient

The man argued that he would face double costs after his new home was delivered. A sympathetic argument, but the court ruled that this alone is not sufficient grounds to compel a sale through summary proceedings. He had not concretely demonstrated that he could not bear those costs: no insight into his income, assets or financial difficulties.

2. Article 3:174 of the Civil Code sets strict requirements

Authorisation to independently sell a jointly owned asset is possible under Article 3:174 of the Dutch Civil Code, but only to satisfy community debts or for other weighty reasons. Personal financial pressure arising from a personal purchase does not automatically qualify. Especially not when the other party is willing to offer an alternative solution (buying out the share).

3. Division belongs before the full court

What the man was essentially asking for was a definitive decision on the division of the property. That is a matter for full proceedings, not summary proceedings. A summary court only grants provisional measures. A forced sale is not provisional, it is irreversible.

What Could the Man Have Done Differently?

• Substantiate his financial hardship concretely. Bank statements, an overview of income and fixed costs, and a clear calculation of the financial shortfall would have given the court more to work with.
• Negotiate the value earlier. The dispute ultimately came down to the property's value. Engaging a valuer or attempting mediation might have made the proceedings unnecessary.
• Start full court proceedings. If the other party genuinely refuses to cooperate with the division, full proceedings under Article 3:178 of the Civil Code offer a structural solution. It takes longer, but provides definitive clarity.

When Does Summary Proceedings Work?

Summary proceedings concerning a jointly owned home are not automatically hopeless, but the threshold is high. Think of situations where:

• The home is at risk of being auctioned by the bank due to payment arrears;
• One party is actively obstructing the process (e.g. preventing viewings when a buyer has already been found);
• There is a genuinely urgent situation that truly cannot await full proceedings.

In such cases, summary proceedings can succeed, provided the facts are well substantiated.

What Should You Do Now?

Are you in a situation where a former partner is not cooperating with the sale or division of a jointly owned home? First map out what is actually at stake: what does the other party want, where is the disagreement, and what are your financial options? The right strategy can then be determined, sometimes through negotiation, sometimes mediation, and sometimes through the courts. But always with the right preparation.

Case Reference

This post is based on ECLI:NL:RBLIM:2025:4397.