Can the judge order a refusing spouse to sign a listing contract?

by | Feb 26, 2021 | Ask the Lawyer | 0 comments

Questions asked on Feb. 14, 2021

Q: The judge ordered the sale of the house and my spouse refuses to sign the listing contract. Can the judge order the refusing spouse to sign or order contempt? This has dragged on for 2 years. How can we sell the house in Nevada if she won’t sign. Since I was ordered to continue to pay all of the bills this is draining my finances and she is doing this on purpose along with harassing and stealing my valuables every chance that she gets.

A: Yes, and there are other options besides contempt.  The judge could give you unilateral power to list and sell.  Under Rule 70 of the Rules of Civil Procedure, the Court can have the Clerk sign in place of a party refusing to sign a document as ordered (the listing and even the sale documents).  You should confer with a family law specialist, in this office or another, have a final demand sent pursuant to the local rules, and then move to have the property transferred.

Frequently Asked Questions

Can a judge order my spouse to sign the listing contract if the court already ordered our house sold?
Yes, and contempt is not the only tool. The judge can give you unilateral authority to list and sell the house, and under Rule 70 of the Nevada Rules of Civil Procedure the court can direct the Clerk of the Court to sign in place of a party who refuses to sign a document the court has ordered signed, including the listing agreement and even the sale documents. A spouse who refuses to sign cannot stall a court-ordered sale indefinitely.
Can my spouse be held in contempt for refusing to sign the papers to sell the house?
Contempt is one option when a spouse defies a court order to sell, but it is often slower and less useful than simply asking the court to remove the need for that spouse’s signature. In practice, the more effective request is an order giving you sole power to list and sell, or an order under NRCP 70 having the Clerk sign for the refusing party, because either one gets the house sold rather than just punishing the delay.
What steps should I take before filing a motion to force the sale of the house?
Confer with a Nevada family law specialist, have a final written demand sent to your spouse as the Eighth Judicial District Court’s local rules require before a motion is filed, and then move to have the property transferred to you for sale or to have the Clerk sign the listing and closing documents. Documenting the demand and the refusal strengthens the motion and supports a request that your spouse bear the fees caused by the delay. Willick Law Group can review your situation in a consultation.
Marshal S. Willick
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