Your question: Can I force the sale of my house in a divorce?

Can you sell a house if one partner refuses?

How to sell a house when one partner refuses and you’re tenants in common. If your partner refuses to sell the house and refuses or is unable to buy you out, you can force a sale. … In order to release your equity in the property you may have to force a sale.

Can my husband forced me to sell your house in a divorce?

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.

What circumstances can you force a house sale?

Under what circumstances can you force a sale of property?

  • An agreement within the Deed of Trust outlining the intentions of buying and selling a property.
  • A divorced or separated couple who had purchased a property with an intention of having it as their matrimonial home.
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How do I force my ex to sell a house?

What do I do if my ex won’t sign to sell our house? You cannot force a sale, but you can try to come to an agreement with them, by either buying them out or selling them your part of the property.

What happens if one person wants to sell a house and the other doesn t?

If you share ownership with another person, neither of you can sell the property without permission from the other. This isn’t a problem if all the owners agree to sell, but it becomes a big issue when the owners disagree. … You can also sell your ownership claim to someone else or ask the court to force a sale.

What are cohabiting couples entitled to?

Cohabiting couples have no legal duty to support each other financially, either while you are living together or if you separate. Nor do you automatically share ownership of your possessions, savings, investments and so on. In general, ownership is unaffected by moving in together.

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.

How do you sell house if partner doesn’t want to?

How to sell a house when one partner refuses – joint tenants

  1. Refuse a sale.
  2. Refuse a sale but make an order regulating the right to occupy the property.
  3. Order a sale.
  4. Order a sale but suspend the order for a short period.
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What happens if your spouse refuses to sell your house?

If one spouse refuses to sell the home, the other can head to court and file a motion (legal paperwork) asking a judge to order that the house be listed for sale immediately.

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 siblings force the sale of inherited property?

One of the biggest questions around inheriting property with a sibling is if a sale can be forced. The short answer is no; if more than one person has inherited shares, then any sale must have all shareholder’s consent.