Quick Answer: What Can I Do If My Ex Wife Won’T Sell The House?

Can I force my ex partner 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..

Can I be forced to sell a jointly owned house?

You can obtain a court order to sell a co-owned property if the court finds you have a compelling reason to sell. … The court can’t divide a house in half, so instead, it can force owners to sell, even if they’re unwilling. Profit or loss from the sale is divided among the owners based on their stake.

What happens to a joint mortgage when you split up?

Paying the mortgage after separation A joint mortgage means you’re both liable for the mortgage until it has been completely paid off – regardless of whether you still live in the property. If you miss a payment or fall behind on payments, it will negatively affect both yours and your ex-partner’s credit report.

Generally, someone else cannot remove you from title without your consent and/or knowledge. You should speak to a local real estate attorney to see how to return your name to title and how it was removed in the first place.

Can’t afford to buy out partner?

If you can’t afford to buy out your partner, or don’t want to, then here are some of the available alternatives.Sell the property and split the equity after the mortgage is paid off.Ask a close relative to help with a guarantor mortgage – agreeing to pay the mortgage if you can’t.More items…•

Can a judge force you to sell your house?

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.

How can I get my ex off my mortgage without refinancing?

You usually do this by filing a quitclaim deed, in which your ex-spouse gives up all rights to the property. Your ex should sign the quitclaim deed in front of a notary. One this document is notarized, you file it with the county. This publicly removes the former partner’s name from the property deed and the mortgage.

Do I lose rights if I leave the marital home?

In short, yes. However, this is rarely advisable if the family home is owned by you and your spouse jointly as you will both have the right to occupy the property unless a Court orders otherwise. If one party temporarily leaves the family home, they still have the right to return and gain entry.

Can you sell a house if one partner refuses?

You may decide to sell your property without the consent of your spouse. … If that includes a spouse who refuses to sign off on the sale, the transaction cannot close. This is why I won’t take a listing in a family law case with only one signature when both spouses are on title unless there are extenuating circumstances.

How do I get my ex partner off my mortgage?

Your ex-partner will almost certainly require your consent to remove you from the title deeds and/or mortgage. Usually after divorce or separation, one party applies for a transfer of equity to have the other removed from the title deeds, simultaneously enabling the lender to remove them from the mortgage.

Can one sibling forced sale of inherited house?

Yes, siblings can force the sale of inherited property with the help of a partition action. If you don’t want to hold on to an inheritance given to you by parents, you might want to sell. But you’ll need all the cards in your hand if you have to convince your brothers and sisters to sell, too.

How is House buyout calculated in a divorce?

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

Can a joint mortgage be transferred to one person?

Can I transfer my mortgage to my ex-wife or husband? Yes, you can transfer your share of the property to your ex-spouse. However, this means they would have to refinance the home to buy out your share and take your name off the home loan, as well as the property title.

Can I be forced to sell my share of a property?

Forcing the Sale of a Jointly Owned property Selling a co-owned property or land can be stressful, especially when the other legal owner (s) disapprove the sale. … Upon the granting of the order for sale by the court, the legal owner can force for the sale of the jointly owned property.

Is my wife entitled to half my house if we divorce?

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.

Can you force the sale of a house in a divorce?

The judge can make a court ordered sale of a house in a divorce. … Ideally, you should try to avoid having to force the sale of a house by court order, as this can make the process more traumatic and bitter, but the option is there as a last resort should you need it.

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

If one wants to sell and the other does not, the one who wants to sell can sell his interest anyway. … If there is a mortgage on the property, the lender will take the property if payments are not made but will not take a 1/2 interest in the property if your brother decides he just does not want to pay any more.

Can my ex sell the house without my permission?

You can only sell the house without consent from your spouse (this includes civil partnerships) if they are not joint owners. … This means you can sell, rent out or re-mortgage the property, do pretty much anything with the property that you want, without having to have your spouse’s permission.

How do I get my ex wife out of the house?

In most cases, a buyout goes hand in hand with a refinancing of the mortgage loan on the house. Usually, the buying spouse applies for a new mortgage loan in that spouse’s name alone. The buying spouse takes out a big enough loan to pay off the previous loan and pay the selling spouse what’s owed for the buyout.

Can jointly owned property be seized?

Creditors can go after most assets owned by a debtor. This can include assets jointly owned (at least up to that person’s share). Creditors can arise from litigation, not making mortgage payments, causing damages to someone, business debts, etc.