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.
Can I refuse to sell my house in a divorce?
If either spouse refuses to leave the marital home prior to any court settlement, it is generally not possible to force through a house sale. … In either scenario, if the other spouse does not agree to put the property on the market, the only way to get a sale will generally be to go to court.
What circumstances can you force a house sale?
A homeowner can force a sale that is co-owned, either by negotiating a buyout, selling your share to a new owner, or getting a court-forced to sale. A mortgage is an additional legal issue that needs to be addressed in a forced home sale.
Can ex husband force me to sell 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. … Your ex can try to force you out of the home, but they cannot legally. Until the divorce is finalised, you both have the right to remain in the home. Once you are officially divorced you may decide to sell.
Can my partner make me 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.
What happens if one person wants to sell a house and the other doesn t?
If you want to sell the house and your co-owner doesn’t, you can sell your share. Your co-owner probably won’t like this option, however, unless they know and feel comfortable with their new co-owner. … Co-owners usually have the right to sell their share of the property, but this right is suspended for the marital home.
Can my wife sell our house without my consent?
A person who has legal title to a property can sell that property. If there is more than one person holding legal title, each owner will generally need to consent to the sale, as their signature will be required on any land transfer documents.
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 my ex refuse to sell our 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.
Can you sell your half of a house?
Partition Sale: Leave It To Legal
In the event that both you and the co-owner of your home would like to get rid of your property without any fuss, you have the option of a partition sale which means that the court will take care of your property sale for you.
Can you be forced to sell your home to pay for a judgment?
Judgment creditors can force the sale of your home to get paid, but they rarely do this. … That creditor may then obtain a judgment lien, which is a lien that attaches to your real estate, usually by filing a copy of the judgment in the county records.
Can a spouse force you to move out?
In California, it is possible to legally force your spouse to move out of your home and stay away for a certain length of time. One can only get such a court order, however, if he or she shows assault or threats of assault in an emergency or the potential for physical or emotional harm in a non-emergency.