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My ex husband and I separated 2.5 years ago and divorced last year. He was ordered to pay alimony, which he only payed two months worth, also to purchase a new bed set, and a dining room set, which he has not done. Does anyone know if my ex who wasn't married to me but jointly owns home with me can force me to sell our house that I live with our child in? She hired a lawyer and I had no representation. OP’s posts: See next | See all Add message | Report | See all. Short Sale or Pre-Foreclosure. We have a house with a mortgage on which we are both co-signers. Sometimes the court will do this if the house is needed for the children of the marriage and there is no other alternative accommodation available. 0 users found helpful. If there was no court order or agreement between the parties forcing a sale if he couldn't get her name off the house, then he is not in contempt if he refuses to sell. smith.sussane. Relevance. 1 Answer from Attorneys. The following are just a few reasons why this might happen to a homeowner. Buying out your ex-partner’s share of the house; Agreeing to sell a house for cash after a divorce; Appeal the court order to sell the property; Sadly many people are not able to buy-out their ex-partner’s share of the property particularly if they have a joint mortgage with little equity in the property. Caron continued to live in the home and would not agree to the sale. 0 attorneys agreed. my ex's name is still on the mortgage even though i pay it (on time) and the taxes and have for several years now. I live in a property which is owned by my ex-husband. In our divorce judgment, it states we are to agree upon the sale of the home. Can my ex force me to sell my house? We have 2 children ... Read more on Netmums I was recently (about 6 months) divorced by my wife. Any dealing with a property requires the joint involvement of all trustees. If an ex-spouse is refusing to comply completely, then your attorney may file a motion for contempt. mumtobealloveragain Wed 09-Apr-14 13:30:09. Barry purchased the building many years ago with Sam. This motion will tell the court that your ex-spouse was ordered to sell the house, but is willfully failing to do so. What's the deal with this? She left me in June of 2008, at that time we were in complete agreement over everything in the divorce. You may decide to sell your property without the consent of your spouse. Can I Be Forced Into Selling a Joint-Owned House?. To protect yourself against your ex deciding to sell your house, you should seek a Notice of Home Rights against the property. Re: Forcing Ex-spouse to sell jointly owned home. She can file a special relief petition to seek that the house be sold be remove her name, but he can fight it. When Your Ex Refuses to Sell the House. SimonC. VIEW ALL CATEGORIES. In Ontario, if you and your ex have a home that is jointly-owned, then the Partition Act allows either of you to apply for a court order mandating the sale of the home. Barry is a retired farmer who has invested a substantial sum of money in a commercial building. The Ex-Files: What if one partner refuses to sell the house? Ex forcing me to sell house (33 Posts) Add message | Report. No one ever expects to be forced into selling their home against their will, but for many Americans, circumstances like this are all too real. She initiated the divorce and it was a mutual consent divorce in the state of Illinois. She initiated the divorce and it was a mutual consent divorce in the state of Illinois. I want to sell but they do not, and they cannot afford to buy me out. Bachelor's Degree. For example, if the husband wants to sell the house but the wife wants to stay, the husband may insist on the house being sold unless he gets something else in return, even though the husband knows nothing will come out of the sale. Can I force them to sell? If the agreement imposed a deadline on your ex by which she was to sell or refinance, she is in breach of contract. If one person wishes to sell the house and the other does not, an action of division and sale needs to be raised to ask the court to order a sale. Hi can my ex make me drop myprice for our house court has said it is 50/50 each ? Answer Save. GEM33 Wed 09-Apr-14 02:05:48. Ex forcing to sell the house post divorce. Can I force a sale for less than this figure . Posted on: 24th Oct, 2008 04:05 pm. Can You Be Forced to Sell Your House? 16 June 2013. Yes, unfortunately. 1,213 satisfied customers. My wife and I are currently going through a divorce that seems to be getting nastier by the day. Two or more people have three ways to take title to and then own property together. I was to keep the house because she could not afford to make the payments on her own. Forcing Ex-spouses to Sell. Your ex-wife’s next step is to bring a partition lawsuit to force you to sell the property. Times have changed. The other person can ask the court to postpone or refuse the sale. Unless you can prove that you hold a 100-percent interest in the house, the court will ultimately order the sale. We have a 5 year old little girl together who I have just recently obtained a contact court order for as my ex was only allowing me to see her every other weekend (which was never enough). Can my ex make me sell the house when I want to stay? UK property law: how to force a house sale if your love ends. Life is full of unexpected twists and turns. Little People’s Amy Roloff sells 32 acres of farm to ex Matt for $975K as she accuses him of ‘forcing’ her off property. I was recently (about 6 months) divorced by my wife. If we take this decision, then what happens if … read more. ‘If you don’t come to an amicable agreement through mediation, one of the options the court has is to order the sale of the home, but this is not the only option,’ explains Jane. 7 Answers. He took. This prevents a spouse from selling a property while the marriage is still in place, regardless of whether or not both partners own equal parts of the house or one has complete ownership. 1 Answer Active; Voted; Newest; Oldest ; 0. In fact, there's no legal formula about how assets should be divided following divorce. Housing. Vaudrin moved out of the house and wanted to sell. When accepting an offer, you’ll need signatures from everyone on the grant deed. My ex husband has refused to sell the martial home. Robert Sher Wagshal and Sher. Originally the building was leased to a blue chip tenant. Teresa Roca ; Sep 18 2020, 12:27 ET; Updated: Oct 29 2020, 23:32 ET; Teresa Roca; Invalid Date, LITTLE People, Big World star Amy Roloff sold 32 acres of Roloff Farms to her ex-husband Matt after accusing him of “pushing” her off their property. 2 years ago my ex partner had an affair and we separated, she moved in with her mum. Exclusive. I separated from my partner 12 months ago, due to the fact I found out he'd been seeing another woman. Since the judge granted me tons of extra time my ex has become EVIL. ... Hi my has left me with 5 kids and one of my child is disabled my husband is forcing me to sell the house so he can have his share and move on ,we have no mortgage and the house is on joint names. how can i force my ex-fiance to sell the jointly mortgaged house he still occupies? Asked on 8/27/03, 10:49 am. 15 Mar, 2019 04:00 PM 5 minutes to read. He is refusing to sell. Daniel Smith. I wanted to ask can he force me to sell. A motion for contempt is essentially asking that the court punish the ex-spouse for not living up to the divorce decree. i have been trying to refinance to remove his name but they denied me and told me to try again in six months. We were not fighting about anything. You can probably figure out there are several scenarios where situations like this can be used (for better or for worse) in negotiations. I jointly own a property with two other family members. (2 min 6 sec read) Laurel Starks Laurel Starks is a divorce real estate specialist. One of the key assets in any marriage is the matrimonial home. Admin Changed status to publish July 25, 2019. It has been a good investment over the years. Environment; Pets; Twitching & Birdwatching; Arts & Literature Adverts; Animals & Nature. Partition lawsuits are used to force the division of property between multiple owners. I live in a property which is owned by my ex-husband. Can I force my ex to sell the house? Rosemary Bocska 570 Posted July 25, 2019 0 Comments Yes, in some circumstances. Favourite answer. I am still paying half the mortgage 14 months after we split, with no offers over the outstanding mortgage amount?. I have a final divorce decree that states my ex-husband is two and give me 90% of the proceeds of the sale of our house that we own as joint tenants in common but he is refusing to sell the house and he is now delinquent in the mortgage Lv 7. By Karman Lock on October 21, 2015. We have 2 children together and I have 2 children from my previous marriage. i have been divorced for over four years. Then the only thing left to fight about is how much of the proceeds each of you get. Posted in Property Issues. Forcing The Sale Of Property Owned With Others. He took out a loan on the house which we are now thinking about fighting against the bank in court. Each of them owns a one half share. Forcing the Sale of the Matrimonial Home. 1 decade ago. 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