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Can my ex husband force sale house

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.

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Can I Be Forced to Sell My House in Divorce?

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. Here are more ways how one spouse can keep the house after a divorce.

As in your case, many single ex-spouses cannot afford to make the mortgage payments on their own. Brenda, you may be tempted to let things stay as they are since your spouse is paying your mortgage. That would be a bad idea. If your name is on the mortgage of the property, then it will likely be very difficult for you to get approved for a new mortgage if you wanted to buy another home. Your mortgage responsibilities will also be reflected on your credit report, which could make it difficult for you to be approved for future loans, such as a car loan.

Additionally, if your spouse were to stop making mortgage payments on the house, your credit would be damaged along with his! Finally, if the house is considered marital property, then you are likely entitled to a portion of the equity. In your case, it sounds like you and your husband are still legally married. My first bit of advice would be to initiate divorce proceedings if you are ready to dissolve your marriage so that you can divide your estate.

You can give your husband the chance to buy you out of your share of the house during your divorce negotiations. If your husband cannot buy you out, then you can ask a family law judge to compel a sale. It is often best to consult a divorce attorney in your state so that you can understand the state laws that pertain to your case. If you are worried about the cost of an attorney, a great place to get more information about divorce is to attend a Second Saturday Divorce Workshop in your area, which often features advice and presentations by divorce attorneys, financial advisors, and other divorce experts.

This house im living in is not the matrimonial home the matrimonial home was sold when at that time he was interdicted i used the money to buy this house. That depends on the laws of your state and what your court orders say. Dang lady, do you know anything? Im not seeing where your being educational for women. If your going to take time to reply how about getting a little info from these women, an do a little educational research so the name of your company be more legit.

Sorry for being so harsh but………. If I were to bluff my way through and give misinformation, that would be a disservice. So when people ask for legal conclusions, I must refer them to sources in their state that are competent to answer their legal questions. Husband filed for divorce, we live in the home I purchased before marriage.

His name is not on the house, will I have to pay him anything? We have a mortgage free home, have been married for 48 yrs, and plan on divorcing. My husband is retired and has VA benefits that allow him to purchase a house with no down payment. I have a small social income and work part time. Can I ask for our house, by buying him out?

My husband and I divorce is final, in the agreement he had 14 days to decide to sale the house or buy me out, he decided to buy me out. The question is, how long does he has to send me my half? How long does the agreement say? My divorce was final almost 14 days ago. Court ordered house to be sold. My ex says why should we sell it and said we my kids and myself can stay as long as we want.

Is this true? He has made no attempt in helping me list the home and when I bring it up he asks why do we have to sell it. The house we live in was brought by me in an attempt to leave my husband. He talked me into trying to make the marriage work. So he ended up moving into the new house with me. His house he had before the marriage, my house that his name is not on I brought after the marriage during a separation.

I now want a divorce, he is still living in my House. If I sell does he get half. If I stay do I have to buy him out? In NC. The laws of each state are different. Even during a separation, the both of you are still legally married. So anything you purchase, I. My ex said that if I buy her out, then why she needs to pay the agent fee. In a way, it makes sense but what if when I sell the house later maybe, then I have to pay fees anyway.

If there are no broker fees being charged, as when one spouse buys out the other, then there are no actual costs to divide. If the two of you agree to reduce the value of the home by the fees that would be paid if it were being sold, you can certainly do that. But it is likely that there would be no reduction for fees that are not actually being paid if you went to court. I have been divorced for eight years. In the divorce I foolishly agreed to pay mortgage and taxes.

While he payed only child support until my youngest one graduated college which was over a year ago. Now the house is on the market to sell. If it is your separate property from before marriage, the court may not have any say over it. Talk to an attorney who knows the laws in your state to find out what they say about your situation. From South Africa. My wife divorcing and want to buy me out.

Only stayed in new house for 2years. I want to sell and dont want her to buy me out. We will make a loss if she agree to sell. Can the court force me to be paid out by my ex wife? My intention is to sell and both of us walk away with the loss.

Can see overide my decision as the bond comes off her salary and she earns more than me. In general, if one spouse wants to buy the other out they can do so. But I do not know what the courts in your jurisdiction can or will do. What happens if the judge orders us both to vacate and sell our marital home and divide the proceeds but no one wants to buy the house? We are both on the deed and mortgage which he pays and I contribute.

The divorce settlement states that we were to sell the house when my son graduated high school. My son is now 26 years old and I want to move on with my life and get my share of the house. He threathens to stop paying the mortgage because he does not want to sell and I cannot afford to buy him out. He has already declared bankruptcy in the past. Do I have to hire a lawyer again the get him out or can I go straight to the courts? You can represent yourself in court.

If you are ready to take that on, then by all means proceed without an attorney. But before you do that, you might consult and attorney to see what legal ground you have to stand on. My client and her husband finalized their divorce three weeks a go.

Her husband is a bipolar and not making any payments on their house. The wife and two kids just moved to an appointment for their security. She asked me to help them. Please advise!!!! It depends on what the divorce says.

If her husband was awarded the house in the divorce, then she probably has no say over it now. If she was awarded the house, she should be able to do whatever she believes is best.

If they were both awarded the house jointly, then she will need to get legal advice at to whether she can force the sale. She initial was okay with the sale of the property but sine then she has been MIA.

Is there anything that I can do legally to make the sale go thru or am I stuck at her mercy. Any advise would help thank you in advance.

There must be something that you can do, so check with an attorney to find out about the legalities of it. Your real estate agent may be able to supply information to you about this as well. My Ex husband would like to buy me out of our home that the judge has ordered to be sold. The house was appraised last year.

Can You Force Your Ex to Sell a Home If Your Name Is Still on the Mortgage & Deed?

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. Seek Legal Advice The answer to your question depends on numerous factors but I would advise you to see a solicitor as early as possible.

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.

When you divorce or separate, one of the hardest decisions to make is what to do with your home. So what are your options? Of course, much of this is dependent on you or your partner being able to obtain a mortgage for the appropriate amount. However, the other party can petition the court to a division of the proceeds, or to buy the place at a market price or one decided by the court. In the case of one person being the owner of the property and the other withholding permission to sell, then the courts can allow the sale under certain circumstances.

Can you be forced to sell your home as a result of separation or divorce?

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? Yes, there is nothing to prevent a former spouse in these circumstances from issuing court proceedings to force a sale of the property and seek a share of the proceeds of sale. When a couple divorces, unless they enter into an order of the court recording a financial settlement, all potential financial claims between them arising from their marriage remain live. This means that, even many years after their divorce, former spouses can seek to make financial claims against each other. The court would then consider the financial circumstances of the former spouses and make an order dividing their property, savings and investments, including pensions. It is only possible to avoid this situation by entering into a financial order at the time of divorce. If an order is made following agreement between the divorcing couple then it is referred to as a Consent Order.

Can My Ex Partner Force Me To Sell The House?

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.

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.

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.

Can my ex make me sell the family house?

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.

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. Can he make me sell the house to give him his share of the equity?

Can Husband Force Me to Sell Our Home?


Apr 17, - After a break up, selling the house is a common event. It can also attach conditions to the sale, such as setting a date by which any Hi my husband and I are going through a divorce, (the petition has been sent to Can she force this sale? My ex partner (not married) left the property at the weekend.


Can my former spouse force the sale of our marital home?


What If One Spouse Wants to Sell the House After the Divorce and the Other Doesn’t?




Selling the Jointly Owned Home



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