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Can my ex husband make me sell our house

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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. I can give general divorce help for men, though, my knowledge is based on New Jersey divorce laws where I am licensed to practice.

SEE VIDEO BY TOPIC: Going Through A Divorce, Should I Sell The House?

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Can Husband Force Me to Sell Our Home?

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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? Yes, there is nothing to prevent a former spouse in these circumstances from issuing court proceedings to force a sale of the property and seek a share of the proceeds of sale. When a couple divorces, unless they enter into an order of the court recording a financial settlement, all potential financial claims between them arising from their marriage remain live. This means that, even many years after their divorce, former spouses can seek to make financial claims against each other.

The court would then consider the financial circumstances of the former spouses and make an order dividing their property, savings and investments, including pensions.

It is only possible to avoid this situation by entering into a financial order at the time of divorce. If an order is made following agreement between the divorcing couple then it is referred to as a Consent Order. If the divorcing couple cannot agree and financial proceedings are issued then the court will make a decision as to how their assets should be divided and a final Order will be made.

This would also mean that, in certain circumstances, claims can be made against the estate of the former spouse when they pass away. It is therefore crucial to enter into a financial order at the time of a divorce. Without this protection, potential claims can be made by a former spouse even many years after divorce. If you would like to discuss this or any other family law matter, please contact Janine Hutson on , or at janine.

Your email address will not be published. Notify me of follow up comments via e-mail. You can also subscribe without commenting. Please Note: Blog comments will be public on submission. If your friend would like to discuss this matter further, please call and ask to speak to a member of the family team.

I am currently filing for divorce with my husband. He is currently living in the home, I moved myself and my two daughters out. The deed of the hosue is in my name along with the mortgage. How can I get him to move out, so I can sell the house. Dear Callie There are a number of factors which may affect the options available such as length of marriage among others. I am unable to offer firm advice on the limited information available however please feel free to contact me on to discuss your matter further.

My ex and myself divorced in but had no consent order just a private agreement done on a word document which we both signed stating she could have everything. We have a joint mortgage and jointly own our marital home. She lives there I moved out in Is our agreement legally binding and if not can I force her to sell the property and give me my share of it?

Hi Dave As finances were not resolved at the time of the divorce, financial claims still remain live unless you have remarried. The fact that you have an agreement in place will carry little weight in the courts, if any.

We would recommend you seek legal advice as there may be other assets that also need to be considered. If you would like to discuss further, please call and ask to speak to a member of the family team.

Please feel free to contact me on so that I can gather more information and advise you on your potential options. Username or Email Address. Remember Me. The General Data Protection Regulation GDPR gives you more control over how companies like ours use your personal information and makes it quicker and easier for you to check and update the information we hold about you. As part of our service to you, we will continue to collect, use, store and share your data safely and securely.

Can my former spouse force the sale of our marital home? Question My former husband and I divorced in We had two children together and at the time of our divorce they were aged 15 and When we divorced, my husband transferred our former matrimonial home to my sole name on the understanding that I would be responsible for payment of the mortgage.

Answer Yes, there is nothing to prevent a former spouse in these circumstances from issuing court proceedings to force a sale of the property and seek a share of the proceeds of sale.

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Can my ex make me sell our house?

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.

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Can husband make me sell the house so he can start again?

In particular, a lot of people worry about whether or not their ex-partner can make them sell the family home. For many, losing a house that has become such a core part of their family life on top of ending a marriage can very stressful indeed. There is no black and white answer when it comes to what happens to the home during a divorce. Like many disputes within that process, the results are going to be tied to details of the relationship and of who exactly owns the home. Does the deed of the house have the names of both partners of it? How much power you have over what happens to the house depends directly on this. The court may, however, make an exception if your partner is able to demonstrate that selling the home would be essential for their financial wellbeing after the divorce process. The presence of children in the relationship and in the home also plays a factor in what could happen to the home.

Can I Legally Force My Ex to Sell Our Property?

When you divorce or separate, one of the hardest decisions to make is what to do with your home. So what are your options? Of course, much of this is dependent on you or your partner being able to obtain a mortgage for the appropriate amount. However, the other party can petition the court to a division of the proceeds, or to buy the place at a market price or one decided by the court. In the case of one person being the owner of the property and the other withholding permission to sell, then the courts can allow the sale under certain circumstances.

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.

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.

Can you be forced to sell your home as a result of separation or divorce?

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.

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.

Dividing the family home and mortgage during divorce or dissolution

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? Yes, there is nothing to prevent a former spouse in these circumstances from issuing court proceedings to force a sale of the property and seek a share of the proceeds of sale. When a couple divorces, unless they enter into an order of the court recording a financial settlement, all potential financial claims between them arising from their marriage remain live. This means that, even many years after their divorce, former spouses can seek to make financial claims against each other. The court would then consider the financial circumstances of the former spouses and make an order dividing their property, savings and investments, including pensions.

My ex-wife obtained an emergency court order forcing me to sell our marital home for I can give general divorce help for men, though, my knowledge is based on the courts are inclined to preserve the asset as opposed to having the 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.

Selling the Jointly Owned Home

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Taking control of debt, free debt advice, improving your credit score and low-cost borrowing. Renting, buying a home and choosing the right mortgage. Running a bank account, planning your finances, cutting costs, saving money and getting started with investing.

I live with my ex-partner we have never married in our jointly owned flat, which he is refusing to agree to sell.

Please can you let me know whether I can legally force my husband to sell our property, he has been very difficult and unco-operative. He is not paying enough of the mortgage which it has now gone into arrears. We have no children under the age of This is obviously not a situation that should be allowed to continue because sooner or later the lender will start to ask questions about the arrears.

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. If you have children, understandably their best interests will be put before anything else.

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