There are many ways an angry ex-spouse might try to sabotage the sale of the matrimonial home when going through a divorce, from refusing to accept reasonable offers to keeping the house in a state of disarray for showings. This is a form of what we call Wasting the Asset, and I wrote about an example of this in a previous post. Often, it’s done to prevent the other spouse from getting their fair share of the proceeds.

But let's say you've come through these challenges and have now sold the house. Can your Ex still sabotage the deal and prevent it from closing? The short answer is no. Once the Agreement of Purchase and Sale (APS) is finalized and signed, it is a binding contract. Any attempt to back out of this contract would be considered a breach and the buyer could sue.

However, there are instances where the closing could be delayed and, in some cases, jeopardized. For example, if there is damage to the property that wasn't present at the time of purchase, the buyer could require that damage to be fixed prior to closing. In this case, the seller would be responsible for the costs of repair.

This can be settled in several ways:

1. By providing the funds acceptable to the buyer for the repairs.
2. By delaying the closing until the repairs are completed.
3. By providing a holdback whereby the buyer closes on the purchase but withholds a significant amount of money to cover costs should the seller not cover the repairs. In this case, a real estate lawyer holds the funds until instructed to release them to the seller. 

In some extreme cases, if the damage is severe, the buyer may be able to terminate the contract. This would require legal advice for both parties.

How can you ensure your closing goes smoothly? Your divorce attorney should be aware of the issues you've experienced with your Ex and the potential for sabotage throughout the process of sale. At this point, they should already have discussed this with your Ex's attorney and have a plan in place to deal with any issues that might arise.

The bottom line is that, once an APS is in place, any attempt to sabotage at this point is fruitless. Your Ex would only be hurting themselves and potentially become personally liable for any damage caused, financial or otherwise.