Can my spouse make me sell our house?

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’.

Can a spouse force the sale of a house?

What Can I Do If My Spouse Is Trying to Force Me to Sell a Community Property in California? It is important to remember that a spouse cannot force the other spouse to sell community property, except by a court order. This also applies to separate property.

Can I sell my house if my wife doesn’t want to?

You can only sell the house without consent from your spouse (this includes civil partnerships) if they are not joint owners. If you are the only person named on the official copies or title deeds for the property then you are the sole owner and you would not fall into this category.

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Can you be forced to sell your house during a divorce?

“There’s a misconception you have to get a divorce order before you can deal with the sale of the family home. … But you can sell or transfer the family home at any point.” But divorce doesn’t automatically trigger a sale and often people will wait to sell the house until they have a binding financial agreement.

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?

Selling or transferring ownership of your property may remove you from the deed, but it won’t impact the mortgage in any way. If you force a sale, the proceeds will pay off your mortgage and you can walk away.

Does a husband have to support his wife during separation?

If you’re in the process of filing for divorce, you may be entitled to, or obligated to pay, temporary alimony while legally separated. In many instances, one spouse may be entitled to temporary support during the legal separation to pay for essential monthly expenses such as housing, food and other necessities.

Can I kick my wife out if I own the house?

Can they do that? No! Legally, it’s her home, too—even if it’s only his name on the mortgage, deed, or lease. It doesn’t matter whether you rent or own, your spouse can’t just kick you out of the marital residence.

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Are you entitled to half house if married?

Can my wife/husband take my house in a divorce/dissolution? Whether or not you contributed equally to the purchase of your house or not, or one or both of your names are on the deeds, you are both entitled to stay in your home until you make an agreement between yourselves or the court comes to a decision.

What am I entitled to if I separate from my husband?

If you’re married or in a civil partnership you can ask for financial support from your ex-partner as soon as you separate. This is known as ‘spousal maintenance’ and is a regular payment to help you pay bills and other living costs. You can’t get spousal maintenance if you weren’t married or in a civil partnership.

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.

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.