Can my ex husband force me to sell house
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- What If One Spouse Wants to Sell the House After the Divorce and the Other Doesn’t?
- Can husband make me sell the house so he can start again?
- Can my ex make me sell the family house?
- My ex-partner refuses to sell the jointly owned flat where we live with our children
- Can I Be Forced to Sell My House in Divorce?
- Dividing the family home and mortgage during divorce or dissolution
- The Marital Home and Divorce - Answers to Your Questions
What If One Spouse Wants to Sell the House After the Divorce and the Other Doesn’t?
These questions and answers concerning the marital home and divorce can help with the various issues that need to be considered when dividing one of the biggest assets of the marital estate. You'll find information on determining who gets the house, the importance and implications of a quit claim deed, how the equity can be divided, and mortgage issues you need to be aware of. Will it hurt my case if I move out before filing for a divorce? Brette's Answer : I recommend you talk to an attorney before doing anything.
In some jurisdictions and situations moving out can be detrimental to your case. Linda's Question : I am going thru an ugly divorce. The marital house is in both our names. Neither of us wants to leave the home. Can I force my husband to leave? Brette's Answer : You can get an order of temporary exclusive occupancy from the court. Courts recognize it is unhealthy for people in high conflict to remain in the same home. Can I make him move out of MY house before divorce?
Linda's Question : We signed a pre-nuptial agreement before we were married and now we are talking divorce. I want him to leave my house and he says he has rights to stay in the house till we get a divorce. Is it true he can stay here? Brette's Reply : If it is a home you owned before marriage and is in your name alone, you are within your rights to ask him to leave. If the home is jointly owned, then you can't force him to leave since he is an owner as well.
If you want him to leave and he won't, you need to go to court to get sole temporary residence of the home while the divorce is pending. Once you file for divorce your attorney can make a motion for exclusive occupancy of the home, forcing him to leave. Best of luck with this!
How long can I stay in the house during the divorce? Diane's Question : My husband just told me last night that he is divorcing me. How long can I stay in our home during this time? I have nowhere else to go to.
Brette : There's no set answer to your question. You should see an attorney to discuss your rights. If the house was acquired during your marriage, both of you have equal rights to the marital home until a court decides otherwise.
An attorney can help you decide if you should seek a temporary order giving you residency in the home. Technically if he owns the home, I guess you can stay until he throws you out. It really depends on what else is happening. If the home is in his name and was purchased before the marriage, you may still be entitled to some of the equity if you helped keep it up or made the mortgage payments. You could also be given the right to live there by the court for a period of time.
You really should talk to an attorney. Can he keep coming back to take things from the house? Amy's Question : If the wife is living in the house during the divorce, is it legal for the husband to enter and take things when the wife not at home and no knowledge of him entering? He was caught on security cameras trying to get into the cars in the driveway and then later that afternoon going into the house while no one is home. Why is there nothing the police will do even though property in the house is now missing?
Brette : Without a court order giving you exclusive occupancy of the home, he is permitted to enter it if it is joint marital property. Write down what's missing and present the list to the judge. You may be able to change the locks, but you really need to check with an attorney to determine if this is permissible in your state.
You could also seek a temporary order from the court restraining him from doing so, but again, check with an attorney. He wants to take community property from the home before our divorce.
Jessica's Question : My husband left three weeks ago. I got served divorce papers two days ago. My husband is asking for time to get property out of house and garage which is community property. Brette's Answer : If the items are in the marital home you can inventory them and note anything he removes.
He's then responsible for whatever happens to it and accounting for it. You should talk with an attorney who can help you set up a specific time for this to happen and give you advice about the best way to do it.
Can he lock me out of the house because I left? Sonya's Question : My husband refused to let me and my two children stay in our home.
He just locked us out. The home is titled in both our names. Can he does this just because I left? Brette Answers : He cannot keep you out of your own home without a court order. You need to get a lawyer. What if he threatens to press charges if I enter the house? Julie Asks : My husband and I are going through a divorce.
He refuses to move out of the house and has constantly put off the four way meeting. We have two pre-teen children, neither want to live with him as he is verbally abusive one of many reasons I have left him.
He has told the children that if I come back to the house he will press charges and he is now fighting for custody. I need to get back into the house, what can I do? Brette's Answer : Have your lawyer call his lawyer and arrange a time for you to get in when he is not home or with an impartial observer. I also recommend you talk with your attorney about whether you should move out or not, since it could impact your chances at custody.
Can I make him leave if the house is in my name? Jodi's Question : I purchased my home before we were married and have re-financed since, but the loan and the property are still strictly in my name. Is this considered marital property, and how would it be divided if I choose to divorce him? Every time he leaves, the police tell him he has the right to come and go or take things as he pleases. Is this true even though the home is not in his name and was purchased before marriage?
Brette's Answer : You can get a court order of exclusive occupancy. How the home is divided depends on many factors, including how he participated in paying mortgage payments and doing upkeep and maintenance.
Topic: Can I change the locks after he moves out? Jill's Question : Can I change the locks on my house after my husband moves out, but not yet divorced?
Brette's Answer : The rules about this vary from state to state, so you should check with your attorney. You can file for exclusive residency of the home, which will then allow you to change the locks for sure. How can I stop the security company from giving him the code?
Glenda's Question : I was awarded the home. The security monitoring contract is in his name. The company gives him access to my code and password and refuses to disable the system. I have changed the locks and have had to report him to the police because he was trying to get into the house. What can I do to stop him from trying to enter the house? Brette Answers : You could contract the security company and show the portion of the order that awards you the home. The contract needs to be cancelled and put in your name.
If the company will do not do so, then you should go to your attorney to obtain a court order directing him to cancel his account. Can he just move back if I get to keep the house? Lora's Question : If I keep the house but he is still on the mortgage does he have any legal right to move back in if his current living arrangement falls apart? Brette's Answer: No, as long as you are given possession. The divorce should have given exclusive occupancy to you. If it did not, you can amend the judgment to include this.
Good luck. Can we just keep the house as joint owners? Karyn's Question : After being married for 21 years, we legally separated and my husband moved to Chicago for a job opportunity. Because of the failing housing market, we both have agreed that we want to hold on to the house.
Is this possible? Brette's Answer : Definitely. You can continue to be joint owners. But you should think about what happens should you ever want to sell - how will you split it?
What if one wants to sell and the other doesn't? Who gets to live in it or will you rent it? Can we live in the same house if we get a divorce?
Can husband make me sell the house so he can start again?
My former husband has now told me that my property must be sold and he wants half of the proceeds of the sale. I had understood that when we were divorced and he transferred the property to me that this would be in final settlement, although we did not record this in writing. My former husband has told me that if I do not agree to sell the property and give him half of the proceeds of the sale then he will issue an application to the court. Can he do this?
Survive Divorce is reader-supported. Some links below may be from our sponsors. Because the home is one of the biggest assets a couple owns, it can also create the biggest disagreements about how it should be divided in divorce. Fortunately, there are several possible ways to go about splitting a home when a divorce takes place.
Can my ex make me sell the family house?
According to the NOLO. Regrettably, 40 to 50 percent of all married couples eventually divorce, and while most divorcing couples figure out a way to sell off their jointly owned homes when required, some find that one spouse or the other will refuse to sell. A legal method for forcing the sale of a jointly owned home during or after a divorce exists, though it's somewhat difficult to accomplish. The consent of all owners of a piece of real property is normally required before a sale is possible. For example, in a divorce both spouses must agree to the sale of any jointly owned homes before such sales are allowed. Also, even after divorce your spouse must still agree to the sale of the home or other real property you owned together, but you may be able to force your ex-spouse to sell real property you owned together by employing a partition lawsuit. Partition lawsuits are used to force the division of property between multiple owners. Any one of the owners of a real property can file a partition lawsuit compelling its sale.
My ex-partner refuses to sell the jointly owned flat where we live with our children
I live with my ex-partner we have never married in our jointly owned flat, which he is refusing to agree to sell. Our relationship ended about a year ago. We have two children together. More fundamentally, I think he is borderline emotionally abusive.
My husband and I are splitting up. We own our house outright and have no mortgage on it. I haven't the finances to buy him out of it. I raised his kids for 12 years while he kept the child allowance.
Can I Be Forced to Sell My House in Divorce?
In most cases, a home is one of the biggest assets a couple owns, so it can also create the biggest disagreements about how it should be divided in a divorce. Again, it all depends on your situation. Some couples may need to get the cash from the sale of the home immediately or as part of a settlement agreement.
If a relationship ends, one of the most common concerns is whether one person can force the other to leave a shared family home. The answer depends on your personal circumstances and there are safeguards in place to prevent a partner forcing the other out of the family home. Firstly, if a couple are married or in a civil partnership and the property is owned only by one person or the tenancy is in the name of only one person, the person who owns the house or holds the tenancy has the right to stay there. In addition, they cannot force out their spouse or civil partner. Even if the house is sold to a third party, the non-entitled spouse or civil partner has the right to continue to live there. If the property owner wishes to sell it, they would have to obtain the consent of their spouse or civil partner.
Dividing the family home and mortgage during divorce or dissolution
Divorce or separation is always stressful. Selling a property after a divorce or separation can just add to the stress. However, it's better to take a cooperative approach to selling your home and other properties. A good real estate agent can help, but you need to take a step-by-step approach if you want a successful outcome. Divorce proceedings take time and there are legal issues to deal with if you're in a de facto relationship. To ensure the best outcome, it is important to take some initial steps before you contact an attorney or take other steps towards finalising your relationship:.
Q: My husband left three years ago and is continuing to pay the mortgage. What do I do? Brenda, we are sorry that you have found yourself in this position.
The Marital Home and Divorce - Answers to Your Questions
Can my ex make me sell the family house? Applying for a Notice of Home Rights will give you protection from your ex selling. During a divorce , one of the key concerns people have is whether an ex-partner can force the other to sell a house.
My ex-wife obtained an emergency court order forcing me to sell our marital home for less than I want. She says she cannot afford the marital home mortgage, which has my name on it. I never agreed to the Realtor or signed any sort of document. I am unable to give you legal advice on divorce.
These questions and answers concerning the marital home and divorce can help with the various issues that need to be considered when dividing one of the biggest assets of the marital estate. You'll find information on determining who gets the house, the importance and implications of a quit claim deed, how the equity can be divided, and mortgage issues you need to be aware of. Will it hurt my case if I move out before filing for a divorce? Brette's Answer : I recommend you talk to an attorney before doing anything. In some jurisdictions and situations moving out can be detrimental to your case. Linda's Question : I am going thru an ugly divorce.
Whether you are going through a divorce or separation, one of the biggest concerns is what will happen to the family home. This is particularly the case if you have children , as remaining in the house they know as their own will make a turbulent timeless unsettling for them. However, there are divorce and separation cases where one party will demand the other sells the family home. Divorces can be very tricky and the power your ex has over what happens to any assets is dependent upon your relationship and where you owned the house together.