What can I do if my husband refuses to sell my house?

How do you sell a house if one partner refuses?

If the co-owner is not willing to sell their share, they may be agreeable to buy your share. In either case, once the share is transferred the legal owner(s)has control of the property. Sell your share to another buyer. Legal ownership provides the right to sell the portion of the property specified.

What happens if one spouse doesn’t sell the 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.

Can a spouse refuse to sell a house?

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.

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Can I force my husband to sell 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. … If you want to remain in the home, you may wish to buy your ex out. Usually, spouses trying to force a property sale need to free up the capital so they can find a property of their own.

How is home buyout calculated?

To determine how much you must pay to buy out the house, add your ex’s equity to the amount you still owe on your mortgage. Using the same example, you’d need to pay $300,000 ($200,000 remaining mortgage balance + $100,000 ex-spouse equity) to buy out your ex’s equity and take ownership of the house.

Can I be forced to sell my house?

A homeowner can force a sale that is co-owned, either by negotiating a buyout, selling your share to a new owner, or getting a court-forced to sale. A mortgage is an additional legal issue that needs to be addressed in a forced home sale. … Louis, contact TdD Attorneys at Law for assistance with forced home sales.

Can a judge force the sale of a home in a divorce?

And the short answer is, “Yes.” The court can force you to sell your home because they have the authority to transfer property from one spouse to another or to order property sold pursuant to a dissolution of marriage.

Do both parties have to agree to sell a house?

Joint ownership of a property simply refers to two people who each have a share in their property. … Typically, if one person wants to sell the property then both parties need to agree in order for the sale to go ahead without having to involve the Courts.

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Should I sell my house during a divorce?

In California, you’re typically not under the gun to decide the issue of your marital home before your divorce is final. In fact, state law forbids the sale of your home or encumbering it with an additional mortgage while your divorce is pending, unless a court order authorizes it.

Is my wife entitled to half my house?

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 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.