What to do if the other side asks the court to sell the house but does not propose buyout terms

Disclaimer: I am not a lawyer. This article explains Delaware law in general terms and is not legal advice. Consult a Delaware attorney about your specific situation.

Short answer

If the other party asks the court to order a sale of the house without proposing buyout terms, you have multiple options: object and ask the court for a buyout procedure or valuation, seek temporary possession or exclusive use, propose a buyout method (refinance, lump-sum payment, or asset offset), request appraisal and accounting, pursue settlement through mediation, or—if necessary—defend a partition/sale action and ask the court to divide proceeds equitably. In Delaware family cases, the Family Court decides how to divide marital property under Title 13; partition or forced-sale issues in civil cases follow court rules and equitable remedies in Superior Court or Chancery Court.

Detailed answer — your options explained (Delaware law)

1. Identify the type of case and the court

Which rules apply depends on the case type:

Divorce / equitable distribution: Family Court handles property division under Delaware’s domestic relations laws (see Delaware Code, Title 13). For general info, see: https://delcode.delaware.gov/title13/ and the Delaware Family Court: https://courts.delaware.gov/family/.
Partition or co-owner dispute (non-marital): Civil courts (Superior Court or Chancery Court) handle partition and equitable remedies. See Delaware Code Title 10 for court structure: https://delcode.delaware.gov/title10/.

2. Do not assume a court-ordered sale is final without further proceedings

When a party asks the court to sell property, that is usually a request—not an immediate order. You will have opportunities to respond and to ask the court to adopt a process that protects your financial interests and rights (valuation, distribution, liens, costs, tax consequences).

3. Immediate procedural responses

File a written response or answer to the petition or motion explaining your position and requesting relief (e.g., appraisal, buyout process, exclusive use, accounting).
Ask the court for a hearing. Courts typically hold a hearing before ordering a sale and will consider competing proposals.
Request interim orders (often called pendente lite relief) if you need temporary exclusive occupancy, payment of mortgage or utilities, or payment of the other party’s share of carrying costs.

4. Request valuation and a buyout mechanism

One of the most important steps is asking the court to require a neutral valuation (appraisal) and to adopt a fair buyout formula. Common court-approved methods include:

Obtain a neutral court-ordered appraisal to fix current fair market value.
Let one party retain the home by paying the other party half the equity (or another agreed share). Payment methods include lump sum, promissory note secured by the house, or refinancing to remove the other party from the mortgage and title.
Offset: allow one party to keep the house and give the other party different property or assets of equal value.

5. Propose a refinancing/buyout plan

If you want to keep the house, propose that you refinance the mortgage in your name alone and use the refinance proceeds (or other funds) to pay the other party their share of equity. Courts often approve refinance buyouts if the refinancing party can show ability to qualify.

6. Recommend mediation or settlement negotiations

Courts generally favor negotiated solutions. Propose mediation early. A mediated agreement can specify the buyout price, payment schedule, who pays carrying costs until closing, who handles repairs and sale costs, and how tax liabilities will be allocated.

7. If settlement fails: litigate the method of sale and distribution

If the court orders a sale, make sure the court’s order covers these points so you do not get short-changed:

Who pays mortgages, taxes, insurance, utilities, and upkeep before sale.
How sale costs and realtor commissions will be deducted.
How liens and mortgage payoffs will be handled.
How net proceeds will be divided among owners and whether offsets for contributions (improvements, payments) will be allowed.
Whether one party can buy at auction and, if so, how a credit for the purchase is handled.

8. Consider alternative equitable remedies

Delaware courts have broad equitable powers. Instead of a sale, you can ask the court to:

Order an accounting and credit or debit adjustments for unequal contributions to mortgage or improvements.
Grant exclusive possession to one spouse while setting a buyout price and deadline.
Permit a deferred sale with a timeline for buyout or refinancing.

9. Protect evidence and build your case

Gather documentation that will support a fair distribution or buyout: appraisal reports, mortgage and payment history, proof of repairs and improvements, tax bills, closing statements, and records showing who paid what. That evidence helps the court or a mediator set a fair buyout figure.

10. Tax and mortgage consequences

Know that sale or buyout has tax impacts (capital gains, basis adjustments) and mortgage implications (who remains liable). Consult a tax advisor and mortgage lender early.

Practical next steps checklist

Read the summons/pleading carefully and note deadlines for responding.
File a timely response asking for appraisal, buyout process, and a hearing if you oppose a straight sale without buyout terms.
Request temporary orders if you need immediate relief (exclusive occupancy, payment of mortgage, etc.).
Ask the court to order a neutral appraisal and to adopt a clear buyout mechanism or distribution plan if the sale is ordered.
Propose mediation to reach a voluntary buyout or sale agreement.
Gather financial documents, receipts for improvements, and proof of payments to present to the court or mediator.
Talk to a Delaware attorney about drafting proposed orders the court can adopt that protect your rights.

Where to look in Delaware law

General resources and statutes:

Delaware Code, Title 13 (Domestic Relations): https://delcode.delaware.gov/title13/
Delaware Courts — Family Court information: https://courts.delaware.gov/family/
Delaware Code, Title 10 (Courts & judicial procedures): https://delcode.delaware.gov/title10/

Helpful hints

Act quickly. Deadlines matter. Missing a response deadline can limit your options.
Request an independent appraisal early. A court-ordered appraisal carries weight.
Propose concrete buyout options rather than only objecting. Courts prefer workable remedies.
Keep paying mortgage, taxes, and insurance if you are living in the home—failure can lead to liens or foreclosure that reduce equity.
Use mediation to save time and money; court-ordered sales can lower net proceeds due to commissions and costs.
Document all payments and improvements. Contributions often affect final distribution.
Talk with a Delaware lawyer about draft orders that spell out exactly how sale proceeds or a buyout will be calculated and distributed.

If you want, provide more facts (marital vs. non-marital, whether you live in the home, mortgage status, whether a petition or partition action was filed) and I can describe likely procedures and sample language to request from the court.