Can I make my ex wife sell our 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. … Usually, spouses trying to force a property sale need to free up the capital so they can find a property of their own. Therefore, this is sometimes an agreeable solution for both parties.

Can my ex wife sell our house without my consent?

If you and your ex-wife hold title as joint tenants, you both own the house. … Ownership as tenants in common means you can sell your half of the house without her permission – but only half. Deeds differ from titles in that the title declares how ownership is held and allows transfer of that ownership.

What happens if your ex refuses to sell your house?

As a court order, your ex-partner should comply to any decision made. Still, if for whatever reason they don’t, you’re able to go back to the courts and have a judge sign the contract for your sale, along with the completion forms on behalf of your ex-partner if they’re refusing to do so.

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How do you sell a house if one partner refuses?

If the co-owner is not willing to sell their share, they may be agreeable to buy your share. In either case, once the share is transferred the legal owner(s)has control of the property. Sell your share to another buyer. Legal ownership provides the right to sell the portion of the property specified.

Can your ex partner make you sell the house?

If both your name and your spouse’s name are on the homeownership papers, your partner does not have any legal right to force you to sell the family house. However, if your spouse can prove that their money is tied up in property and they need to sell it to open a flow of cash to live, this could change.

Can my wife sell our house without me?

Generally speaking, you do not need spousal consent to sell property. It could be possible for one spouse to sell community property without the other spouse’s consent under specific circumstances. Such circumstances include: … The spouse cannot consent to the sale because of a physical or mental impairment.

Can my husband sell our house without me?

In community property states such as California, a husband can never sell a home obtained during the marriage without his wife’s consent. … However, if the husband obtained the home before the marriage, he may be able to sell it on his own, depending on whether his wife’s name is on the title.

Can my partner stop me selling the house?

If the property owner wishes to sell it, they would have to obtain the consent of their spouse or civil partner. … The only way in which a spouse or civil partner can remove his or her former partner from the family home is to raise a court action and seek an exclusion order.

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Can you sell a house if the other person doesn’t want to?

If you share ownership with another person, neither of you can sell the property without permission from the other. This isn’t a problem if all the owners agree to sell, but it becomes a big issue when the owners disagree. … You can also sell your ownership claim to someone else or ask the court to force a sale.

Can you sell your half of a house?

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.

How do I force a co owner to sell?

In short, to force the sale of jointly owned property, you must first confirm title, then attempt a voluntary sale or buyout, file and serve a partition lawsuit, get an appraisal, sell the property, and finally divide the sale proceeds fairly.

Can my ex partner claim half my house?

As I understand it, you were not married. … However, as you are not married, your ex-partner cannot make an automatic claim against the property – he has to prove that he has an interest in it, or has acquired one.