The division of real property owned by a divorcing or now divorced couple isn’t usually possible, so a court-ordered sale is the normal end result. If you use a partition lawsuit to force your ex-spouse to sell the home you jointly owned together, you’ll also usually have to divide any proceeds.
What can I do if my ex refuses to sell the 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. If you’re currently dealing with a divorce, dealing with your shared belongings can become hard work very quickly.
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. … Usually, you have to wait for the final divorce trial on all issues to ask the court to divide property.
How do you force the sale of a house in a divorce?
The only way you can force the sale of your house is by getting a court order, known as an ‘Order for Sale’. This asks your ex to provide suitable evidence for why they refuse to sell. Where the court can’t find a reasonable counterargument, the Order for Sale states your ex must agree to the selling of your 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.
Can you force someone to sell their house?
Conclusion. 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.
Can you force partner to sell house?
If the property owner wishes to sell it, they would have to obtain the consent of their spouse or civil partner. … The only way in which a spouse or civil partner can remove his or her former partner from the family home is to raise a court action and seek an exclusion order.
How long does it take to force sale of property?
A forced sale or partition action can take 6-12 months on average. In some states, the partition could technically be completed faster, but due to inevitable complications and roadblocks, you should not expect to be done any sooner than 6 months.
Can my partner force me to move out?
Do I Have to Move Out Because My Spouse Told Me To? … You do not have to move out just because your spouse tells you that he/she wants you to leave. 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.
Can my wife refuses to sell our house?
If your partner refuses to sell the house and refuses or is unable to buy you out, you can force a sale. Be warned though, this can take a long time and become very expensive. Unless your partner has a lot of free cash they will probably need to borrow the funds to buy you out.
Can my wife stop me from selling my house?
It also means that your spouse cannot sell or mortgage the property without you knowing about it. If you do not register your home rights then your spouse could sell or mortgage your home without you knowing about it. This may mean that you have to leave the property.
How do I force a sale of jointly owned property?
Section 66G of the Conveyancing Act (NSW) 1919 allows a co-owner of property to apply to the Supreme Court in order to appoint a Trustee for the sale of jointly owned property. In other words, the Court is asked to appoint a trustee to force an impartial sale of the property.