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Can my ex husband force me to sell house

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I live with my ex-partner we have never married in our jointly owned flat, which he is refusing to agree to sell. Our relationship ended about a year ago. We have two children together. More fundamentally, I think he is borderline emotionally abusive. I am anxious and nervous around him. He is never physically violent, but he punishes me when he gets angry with me — by withdrawing offers of childcare, or refusing to speak to me for days, or threatening not to pay money into our joint account from which things like the mortgage, bills and nursery are paid.

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Selling the Jointly Owned Home

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According to the NOLO. Regrettably, 40 to 50 percent of all married couples eventually divorce, and while most divorcing couples figure out a way to sell off their jointly owned homes when required, some find that one spouse or the other will refuse to sell.

A legal method for forcing the sale of a jointly owned home during or after a divorce exists, though it's somewhat difficult to accomplish. The consent of all owners of a piece of real property is normally required before a sale is possible. For example, in a divorce both spouses must agree to the sale of any jointly owned homes before such sales are allowed. Also, even after divorce your spouse must still agree to the sale of the home or other real property you owned together, but you may be able to force your ex-spouse to sell real property you owned together by employing a partition lawsuit.

Partition lawsuits are used to force the division of property between multiple owners. Any one of the owners of a real property can file a partition lawsuit compelling its sale. The division of real property owned by a divorcing or now divorced couple isn't usually possible, so a court-ordered sale is the normal end result. If you use a partition lawsuit to force your ex-spouse to sell the home you jointly owned together, you'll also usually have to divide any proceeds.

A deed to a home or other real property is separate and distinct from any mortgage attached to that property. A home's deed also conveys legal ownership of that home. Mortgages are debt obligations to lenders undertaken by buyers of real property, but they don't convey legal ownership. In partition lawsuits resulting in the sale of homes or other real property, any debts such as mortgages are settled upon legal sale, either from proceeds or from the owners, or from both.

A partition lawsuit can be an expensive and stressful proposition. If you use a partition lawsuit to force your ex-spouse to sell the home you own together you'll probably need an experienced attorney. All owners involved in a partition lawsuit are generally required to pay a portion of court costs as well as attorney and other fees. Consider all other legal options to convince your ex-spouse to sell the home you own together before resorting to a partition lawsuit. Tony Guerra served more than 20 years in the U.

He also spent seven years as an airline operations manager. Guerra is a former realtor, real-estate salesperson, associate broker and real-estate education instructor. He holds a master's degree in management and a bachelor's degree in interdisciplinary studies.

Skip to main content. References 3 NOLO. Resources 1 Reuters: Splitsville? How to Divide Property in a Divorce. About the Author Tony Guerra served more than 20 years in the U.

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Can husband make me sell the house so he can start again?

In most cases, a home is one of the biggest assets a couple owns, so it can also create the biggest disagreements about how it should be divided in a divorce. Again, it all depends on your situation. Some couples may need to get the cash from the sale of the home immediately or as part of a settlement agreement. Others may be able to work out a deal that allows one spouse to keep the home going forward. But there are a variety of options that can be considered when trying to figure out what to do with the family home.

According to the NOLO. Regrettably, 40 to 50 percent of all married couples eventually divorce, and while most divorcing couples figure out a way to sell off their jointly owned homes when required, some find that one spouse or the other will refuse to sell.

Whether you are going through a divorce or separation, one of the biggest concerns is what will happen to the family home. This is particularly the case if you have children , as remaining in the house they know as their own will make a turbulent timeless unsettling for them. However, there are divorce and separation cases where one party will demand the other sells the family home. Divorces can be very tricky and the power your ex has over what happens to any assets is dependent upon your relationship and where you owned the house together. If you have children, understandably their best interests will be put before anything else.

Can my ex force me to sell my house?

Survive Divorce is reader-supported. Some links below may be from our sponsors. Because the home is one of the biggest assets a couple owns, it can also create the biggest disagreements about how it should be divided in divorce. Fortunately, there are several possible ways to go about splitting a home when a divorce takes place. But under the right circumstances, it may also be possible for one spouse to keep the house too. Properly dividing the equity in a marital home is a process that requires careful consideration early in the process to ensure a favorable outcome for both parties. He also takes great pride in advising clients on all potential considerations surrounding real estate division, specific to their divorce settlement proposal. The second reason is when spouses cannot agree on a value of the house and so the only fair way to split the equity is to sell it to a third party. Once the decision has been made to sell the house, what are the actual options in terms of how the house is divided in divorce?

Selling a property after a divorce or separation: what to keep in mind

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If a relationship ends, one of the most common concerns is whether one person can force the other to leave a shared family home. The answer depends on your personal circumstances and there are safeguards in place to prevent a partner forcing the other out of the family home. Firstly, if a couple are married or in a civil partnership and the property is owned only by one person or the tenancy is in the name of only one person, the person who owns the house or holds the tenancy has the right to stay there. In addition, they cannot force out their spouse or civil partner.

Dividing the family home and mortgage during divorce or dissolution

My ex-wife obtained an emergency court order forcing me to sell our marital home for less than I want. She says she cannot afford the marital home mortgage, which has my name on it. I never agreed to the Realtor or signed any sort of document. I am unable to give you legal advice on divorce.

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These questions and answers concerning the marital home and divorce can help with the various issues that need to be considered when dividing one of the biggest assets of the marital estate. You'll find information on determining who gets the house, the importance and implications of a quit claim deed, how the equity can be divided, and mortgage issues you need to be aware of. Will it hurt my case if I move out before filing for a divorce? Brette's Answer : I recommend you talk to an attorney before doing anything. In some jurisdictions and situations moving out can be detrimental to your case. Linda's Question : I am going thru an ugly divorce.

The Marital Home and Divorce - Answers to Your Questions

Can my ex make me sell the family house? Applying for a Notice of Home Rights will give you protection from your ex selling. During a divorce , one of the key concerns people have is whether an ex-partner can force the other to sell a house. As with many things related to divorce, how much power your spouse has over what happens to the marital house depends on the intricacies of your relationship and whether you own the house jointly. Some houses will have both partners on the deeds, but in some cases the ownership of the house will lie with one partner, impacting the rights of the other once the relationship comes to a legal end. However, if your spouse can prove that their money is tied up in property and they need to sell it to open a flow of cash to live, this could change.

Jul 6, - He did not put any money into the property when we bought it, all the money was put in by myself from the sale of a flat and by a gift from my.

Divorce or separation is always stressful. Selling a property after a divorce or separation can just add to the stress. However, it's better to take a cooperative approach to selling your home and other properties. A good real estate agent can help, but you need to take a step-by-step approach if you want a successful outcome. Divorce proceedings take time and there are legal issues to deal with if you're in a de facto relationship.

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Please can you let me know whether I can legally force my husband to sell our property, he has been very difficult and unco-operative. He is not paying enough of the mortgage which it has now gone into arrears. We have no children under the age of This is obviously not a situation that should be allowed to continue because sooner or later the lender will start to ask questions about the arrears.

When you divorce or separate, one of the hardest decisions to make is what to do with your home. So what are your options?

My husband and I are splitting up. We own our house outright and have no mortgage on it. I haven't the finances to buy him out of it. I raised his kids for 12 years while he kept the child allowance. At the time we equally shared all the bills.

Q: My husband left three years ago and is continuing to pay the mortgage. What do I do? Brenda, we are sorry that you have found yourself in this position. It is not uncommon in a divorce for one spouse to want to keep the house. This can usually be done by Spouse B refinancing the home and pulling out enough equity during the refinance to buy out Spouse A.

My former husband has now told me that my property must be sold and he wants half of the proceeds of the sale. I had understood that when we were divorced and he transferred the property to me that this would be in final settlement, although we did not record this in writing. My former husband has told me that if I do not agree to sell the property and give him half of the proceeds of the sale then he will issue an application to the court. Can he do this?

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