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Can my ex husband 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. It is not uncommon in a divorce for one spouse to want to keep the house. This can usually be done by Spouse B refinancing the home and pulling out enough equity during the refinance to buy out Spouse A.

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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. I raised his kids for 12 years while he kept the child allowance. At the time we equally shared all the bills. Can he make me sell the house to give him his share of the equity?

When you are going through a break up from a long term partner there is always much more than the emotional turmoil to deal with. The practical issues can really weigh on your mind and trying to split assets and money is never a pleasant experience. The Marital Home If both of your names are on the papers then your husband cannot make you sell the house without your agreement at this time. The courts can give an order forcing you to sell up if your husband goes down this route or as part of a divorce settlement.

However, if you are living there with your children then he will have to be able to show good reason why you should do this. If all his money is tied up in the house for example, then he may be able to convince a court that he needs to sell the house in order to live. You mention that he earns more than you and that you shared the bills throughout your marriage.

How you managed your money within your marriage bares no relevance to your legal standing and you have as much right to the homes as he does.

If your children are still of school age then your husband will need to pay you child support to help you be able to afford to raise them and the courts will take their welfare into account when deciding on the home. Have you sat down and talked your husband about this? However, if you can discuss the situation in a mature manner you may find that you can come to an agreement that you are both happy with. As there is no mortgage on the property you do not need to worry about splitting the payments so the arrangement may be simpler.

Another thing you need to do is to consult a lawyer so that you are clear of exactly where you stand legally and are able to talk to your husband in an informed way about what your options are. Next Page. You might also like Is my Ex Entitled to a Percentage of the House? Hi, I have lived with my husband for 18 years but married him just 6 years ago.

He has never worked and so our income has solely been what I have earned. I have paid the mortgage, bills and everything for 20 years. I have always put a monthly payment in his account so he has his own cash and have always bought anything that we need. I am so relieved that I never gave into having a joint account with him as he is so controlling. It has now got to a stage where I can no longer bear it and I want to start afresh.

Can I retain the house if I can pay him off or will I have to sell? Any advice would be great. Sylvia - Oct PM. My husband left our home almost 4 and a half years ago. He did not attend the counselling sessions we agreed to and one month later, said he did not wish to try reconciliation.

I tried to get him to attend mediation to sort out our home, which I am still living in, several times in the past but he refused. He has now said he wants to start divorce proceedings in a couple of weeks and I should consider my options regarding the marital home, which is in both names. He has paid nothing at all since leaving, including nothing towards the mortgage payments. If I am forced to sell, I will not have enough money from the sale to buy anywhere for me to live, let alone my sons.

I am sick with worry over this. Please tell me what rights I have, if any. Thanks Meeps - Aug AM. Mich - 8-May PM. My mum of 76 has had a message from her estranged husband that he wants a later from her agreeing to a divorce and sale of the house.

He left her in a house they bought 5 years ago but he never lived there. She is disabled and very distraught that he can make her sell the house. He is only 56 and still works. Can he force her to sell. Thanks Angua - Apr AM. I have left with my 12 year old daughter he is not the father and want to sell due to a breakdown in our relationship.

It is in joint names, he is living elsewhere and has a good job earning decent money. Erimar - Feb AM. There is no mortgage on the property. He did cheat on her with me for a few months before they split up which she knows about. The son has expressed a desire to sell and move on to his Dad. He needs to sell the property in order to buy a new house. Can he force her to sell? CA - Jan AM. Hi my partner and I have split up after 20 years. We have 3 children 14, 12 and 4. We have a mortgage together but she refuses to sell.

She says she doesn't have to as she has the kids more than me but i cant afford my own place ie rent and child maintenance its too much. I could afford a mortgage and maintenance but rent is just no option as i need the equity from the house. My argument is that I also need a place with the children when i have them but she doesn't care about that bit.

In a nutshell can i make her sell. Deano - Dec PM. Me and my wife separated nearly four years ago. I moved out of our jointly owned home and we continued to pay half of the mortgage each. I also pay the standard rate of child maintenance for our daughter and she has one 13 year old and one 19 year old with a full time job living with her.

I have rented since our split but now want to buy a property with my new partner but obviously cannot get a mortgage as I already have one with the ex and the mortgage companies won't let me have another.

What are the chances of me being successful in forcing the sale of the house with children still living there? I have asked her to look into taking over the mortgage which to be fair she has but was refused as she doesn't earn enough. Any advice would be really appreciated. Ian - Oct PM. Hi, My wife made false allegations of DV and had a non mol put in place. Police dropped case but I no longer am allowed in the property as I took an undertaking.

We have been married 12 years and have 2 children 6 and 7. I want to now divorce and want to force the sale of the house. My ex gave up work 4 years ago do to work grievance and never returned back but she can work and earn. Can I force a sale as there is enough equity? Strongbolt - 1-Oct AM.

Hi, I'm a pensioner and my husband is a few years older than me. The problem is my husband would like to sell the house and move overseas. I have a small pension which he has kept from me and has not returned and I would like to know what my options are.

Can he really sell the house when the deeds are in both our names? Our son also lives with us. He is a middle-aged managing his bi-polar condition via the GP and works in a local hospital. My son can look after himself but with his Banding in the hospital he cannot afford to move out as it is. The job is really good for him and I don't want all these things to complicate his progress.

What do you suggest? Eugene - Sep PM. I left my husband around 8yeasrs ago. We have 3 kids together. We have a house in both off our names. Which I keep for my kids. My husband had the house rent private to his girlfriend kids.

Shafted - Sep PM. MHC - Your Question:. My husband has left me after 38 years of marriage. He is still working his own building business and also plays in a band several times a month earning him additional income. I have no income other than the Government Pension.

Selling the Jointly Owned 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. As with many things related to divorce, how much power your spouse has over what happens to the marital house depends on the intricacies of your relationship and whether you own the house jointly.

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Can I Legally Force My Ex to Sell Our Property?

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.

Can Husband Force Me to Sell Our Home?

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.

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.

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Can my former spouse force the sale of our marital home?

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?

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. It can also attach conditions to the sale, such as setting a date by which any sale has to be completed, or a minimum selling price.

Can my ex make me sell our house?

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. I am anxious and nervous around him.

Jun 23, - For more info specifically on homes and divorce, see our content guide to It is early days but my husband is saying that I will have to sell the house so that he on the house meaning that you stay in the house and the ex can't make you sell  cam my husband force me to sell our marital home? | Netmums.

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.

What If One Spouse Wants to Sell the House After the Divorce and the Other Doesn’t?

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Can My Ex Partner Force Me To Sell The House?

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.

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.

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.

Can The Court Force Me To Sell The Marital Home?

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. Seek Legal Advice The answer to your question depends on numerous factors but I would advise you to see a solicitor as early as possible. This is done by applying for a court order that would in effect allow for the property to be sold, and would provide a timescale within which it should be sold. What You Should Do At this stage, you should make a note of the way in which your husband is being un-cooperative, and in as much detail as possible what he has done to get you into this situation.

Dividing the family home and mortgage during divorce or dissolution


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