Can I sell my house if my partner doesn’t want to?
If your tenants in common partner refuses to sell the property and is refusing or unable to buy you out, you’re able to force a sale. … In order to force a sale you will need to apply to the court for an ‘order of sale’.
How do you sell a house if one partner refuses?
One way of going about selling your house when one partner refuses is to come to an agreement to release your responsibility of the mortgage and have your ex buy out your share of the property. If neither of you can come to an agreement, however, you can also choose to settle the matter in court.
Can your spouse force you to sell the house?
How to force ex to sell your house via court order. If your ex-spouse refuses to sell the house, you can force the sale of the home via a court order. … If the party seeking to retain the property cannot demonstrate to the court that they can refinance the property’s debt into their sole name.
What happens if your spouse refuses to sell your house?
What if your spouse refuses to sell? It may be the case that you need to sell the home in a divorce, but your spouse won’t cooperate. If your spouse can’t afford to buy you out, then you’ll need to work with your divorce attorney to file a motion with a family law judge and compel the sale.
What happens if only one person wants to sell the house?
You will likely have to buy her out or sell. She can go to court and seek “partition” – which is a court order for the sale of the property.
Can you be forced to sell a jointly owned property?
If you are living in the jointly owned family home, unless you agree to voluntarily sell the home your spouse or partner can apply to the Court for an order for sale of the property. The Court will normally only make an Order for sale at a final hearing.
Can my ex stop me from selling the house?
If you and your ex own a home that is in both of your names, they cannot legally force you to sell the house. … Your ex can try to force you out of the home, but they cannot legally. Until the divorce is finalised, you both have the right to remain in the home. Once you are officially divorced you may decide to sell.
Can you make your ex partner sell the house?
Unless you agree to voluntarily sell the property your partner cannot force a sale. However, they can apply to the court for an order for sale of the property. The court will take into account a number of factors regarding your circumstances and whether the property is a family home to dependent children.
Can I sell my house if my wife doesn’t want to?
If Your Partner Refuses Permission
If you want to sell and your partner doesn’t (or vice versa), one person can begin an action of division and sale in court. 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.
How can I get my husband out of the house if he refuses to leave?
To legally kick your husband out of the house, California law has certain requirements. It requires a showing of assault or threatened assault if the request is made on an emergency basis. It also requires potential for physical or emotional harm if the request is made on a non-emergency basis.
Can my wife force me to leave the house?
Both parties have a right to stay in the home. No one can force you to leave your residence without a court order unless there is domestic violence. In order to get such a court order in a divorce, a temporary orders hearing must be held.
Can you kick your husband out of your house?
If you want to leave your family home, you can. In most cases, partners who are going to separate reach an agreement about who will leave the home. If they cannot agree, a family law court may be able to make an order that forces one partner to leave.