Can a spouse force an ex-spouse to sell the House?

Many ex-spouses who want to sell the family home often think they have the upper hand if the property is in their name alone. While the Land Registry may only see one sole owner of the property on their records, being married creates certain rules between two people.

What to do if EX moves into jointly owned home?

Please Log in or Create an account to join the conversation. See a solicitor. We as PI’s often get called in to prove co-habitation your case is all too common. Please Log in or Create an account to join the conversation. Hi ,Its still your home too in law,so get it valued and ask him to give you your share ,if he cant it will have to be sold.

Who is the joint owner of a family home?

Where the family home was bought and registered in both spouses’ names, they are the joint owners. However, where the house is registered in the name of one spouse only, it may be solely that spouse’s property. You can read more about ownership in our documents on family homes and joint ownership of property.

Can a ex deny me access to a jointly owned house?

Unless you start pushing legally, he has no incentive to do anything. As an aside, have you removed yourself from all the bills? You don’t want to find he’s not paid any of the utilities since you left for which you’ll have a joint liability. It is not illegal to change the locks, but you are entitled to force entry if he has done so.

How can I find out if my ex-partner owns my property?

“Check in what manner the property was purchased – jointly as beneficial joint tenants, or as tenants in common. If the latter you may not own equal shares.”

Can you split property that is jointly owned after a breakup?

If a house or a vehicle is purchased jointly with both names (either as joint tenants or as tenants-in-common) the division may be complex, especially if both parties’ names are still on the loan. In general, here are the options for splitting property that is co-owned after a breakup: Thank you for subscribing!

Can a ex-partner Sue the person who owns the House?

Sure, you can sue your ex-partner in an attempt to recover the amount of your financial interest in the property, but this type of lawsuit is often difficult to win, as most states have a strong legal presumption that the person whose name appears on the deed is the owner.

What happens to my CPF if my ex-spouse sells the property?

In the event your ex-spouse sells the property of his/her own accord, the shares of the property will still not be returned to you if the court had not ordered your ex-spouse to repay you for your contributions to the property’s purchase price. This includes your CPF monies (as mentioned above).

What happens if one spouse refuses to sell the House?

Subsequently however the husband – despite numerous requests by the wife – had refused to list the house for sale and demonstrated a “militant resistance” to doing so. More to the point, he told her that notwithstanding the Separation Agreement he did not intend to put the home up for sale, but rather planned to keep it for himself.

When does an ex spouse have the right to remain in a family home?

However, if you can afford the family home, have children 18 or under and your ex can’t afford to house them, you will likely be granted the right to remain. Many ex-spouses who want to sell the family home often think they have the upper hand if the property is in their name alone.

Can a spouse force an ex-spouse to sell the property?

However, you do not have the legal right to force your ex-spouse to sell the property after you have transferred your share to your ex-spouse.

Do you have a legal right to dispose of your ex partner’s property?

Do you have a legal right to dispose of your ex-partner’s property? Legally the answer is no. Before disposing of an ex-partner’s property you are required to provide the former spouse reasonable notice of your intent, and adequate opportunity to come back and collect anything they would like to keep.

When to transfer matrimonial property to your ex-spouse?

You must transfer your share in the matrimonial property to your ex-spouse if the court is of the view that it is fair and reasonable to order you to do so. This is regardless of whether the property was held in joint tenancy or tenancy-in-common.

What happens if my ex refuses to sell my house?

Some real estate agents will even take your listing on this basis, requiring only one signature on the agreement. But when it comes time to accept an offer, you’ll need signatures from everyone whose name appears on the grant deed. If that includes a spouse who refuses to sign off on the sale, the transaction cannot close.

Can a spouse stop you from selling your house?

If you look at selling the property because your spouse isn’t a joint owner then there is still something they can do to try and block you from selling the property. Your spouse may apply for home rights in order to gain permission to stay within the property, which will obviously mean you are unable to sell for a period of time.

Can a seller ask their spouse to sign the deed?

I’m sure many of you have run into this situation and how uncomfortable it can be: It is the day of closing, you show up at the attorney’s office, and the seller is asked “Are you married?” The answer is yes, and the seller is informed that their spouse will need to sign the deed.

Can you sell your house without your ex wife’s signature?

However, if you owned the house before your marriage, the house is all yours to do with as you wish. If you own the house as the sole owner and you live in a non-community property state, it’s just your name on the deed. You don’t need your ex-spouse’s signature to sell.

What to do when your ex refuses to sell your house?

When Your Ex Refuses to Sell the House. You may decide to sell your property without the consent of your spouse. When accepting an offer, you’ll need signatures from everyone on the grant deed. (2 min 6 sec read)

What happens when ex spouse is still on deed?

Years pass, the former spouses remarry new spouses, and life goes on. The spouses assume that the property has been divided. Then one of the spouses decides to sell or refinance the property and learns that his or her ex is still on the deed.

Can a spouse force you to 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 I buy out my ex husband?

If you buy out your ex husband and move into the property then you will be the sole owner. The mortgage lender will require the property to be in the same name as the title of the property but you could make a will to leave the property or proceeds to your daughter. Some links in this article may be affiliate links.

Why do I want my ex husband’s share of my home?

Relevant factors will include why you have not been living at the property – if this has been for any length of time it may be concluded that you have been able to provide another home for yourself and your child and therefore it isn’t essential that you live in this particular one.

Can a ex spouse force you to sell a house?

If your ex-spouse is still an owner of the property, they can file a partition lawsuit against you which will force you to sell it. The lawsuit will be brought before a court, and if the ex-couple can’t agree on how to split up the house, the court can force you to sell the property.

How to keep or sell the house during divorce?

Possibly the easiest way to sell the house during a divorce is through a written and signed agreement between the spouses that then becomes a court order. Effective legal representation is important. Speak to your family law attorney about the terms that fit your needs. Some of those may be the following:

How can I Stop my Ex from selling my house?

If your name isn’t on the deeds, you can apply for a Home Rights Notice so you can appeal and prevent your ex-partner selling without your consent. If you’re not willing to sell, you may want to look at buying your ex out of their shares if you’re able to.

Can you sell your house without the consent of your spouse?

You may actually decide to sell your property without the consent of your spouse. Some real estate agents will even take your listing on this basis, requiring only one signature on the agreement. But when it comes time to accept an offer, you’ll need signatures from everyone whose name appears on the grant deed.

Why does my ex refuse to sell my house?

If the home is financed in both parties’ names, there are going to be additional concerns tied into getting the home sold such that you are off the loan. Perhaps you need this done to proceed with purchasing a new home yourself.

Can a wife sell a home without her husband?

The wife was therefore allowed to proceed with the sale of the home without the husband, and at an appraised price set by her agent.

Can a ex try to force you out of a 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. Again, this isn’t an obligation. If you want to remain in the home, you may wish to buy your ex out.

Can a couple be forced to sell their house in a divorce?

One of the reasons that a couple might be forced to sell their house in a divorce is because there’s not enough liquidity. This means that neither spouse has enough other assets or cash to buy out the other spouse’s interest.

Can a single spouse buy out an ex spouse?

As in your case, many single ex-spouses cannot afford to make the mortgage payments on their own. If they don’t have sufficient credit and income, they will not be able to qualify for a refinance, which means they can’t buy out their ex-spouse and take that spouse off the mortgage and the property deed.

Can a co-owner force the sale of a property?

The law allows any co-owner to facture the joint ownership via a partition action. Yes! In most cases, ANY co-owner (even a minority owner) can force a sale of the property regardless of whether the other owners want to sell or not.

Can a young couple sell a jointly owned property?

Pre-Marital Home – a young couple buy a property with a view to keep their ownership separate and sell the property in the future. The purpose is to have a mutual benefit of living in the property and the intention is to live in the property for a short period of time with a view to sell or to make the property their matrimonial home in the future.

Can you force an ex spouse to sell a house?

Also, even after divorce your spouse must still agree to the sale of the home or other real property you owned together, but you may be able to force your ex-spouse to sell real property you owned together by employing a partition lawsuit. Forcing Ex-spouses to Sell

Can a co-owned home be sold in a divorce?

While many spouses decide to sell their co-owned property in the event of the divorce, or one spouse will assume full ownership of the home, there are rare cases where the couple wants to split the cost and continue to co-own the property.

Can a co-owner force you to sell a property?

Usually, co-owners in a piece of real property will net more from a voluntary sale of that property than they would from a legal battle and court-ordered sale. Always On.

Can a husband and wife co own a house?

Sometimes, over a period of years, one spouse can save enough money to buy the other out. Co-owning is normally feasible if the house deed states that the couple is “tenants in common.” This means that they both own half the interest and property on the home, as declared on the housing deed.

Can a ex have a share of my house?

A No, your ex cannot claim a share of your home, and that’s not just because he hasn’t helped pay the mortgage for the past 13 months. According to Vicki McLynn, an expert in family law at Manchester-based solicitors Pannone LLP, your ex would need to show that you had intended him to have an interest in your…

Where does my partner live with his ex girlfriend?

Id love a bit of advice please. My partner lives in the house which belongs to him and his ex girlfriend. She moved out and now lives with her mum. they have a joint mortgage on the property but my partner pays the mortgage and his ex no longer contributes.

Why did my ex buy my house before I was married?

“So if money was spent improving the home that caused the value of the home to go up, he may have a claim to share in a portion of that increased value.” Similarly, if debt existing against the home was paid down, he may have a claim to share in the increased value as a result of the debt against the home having been reduced, White said.

Can a spouse still own a house after a divorce?

One of these is the fate of your home. While many spouses decide to sell their co-owned property in the event of the divorce, or one spouse will assume full ownership of the home, there are rare cases where the couple wants to split the cost and continue to co-own the property.

What happens when you co own a house with an ex spouse?

Co-Owning a Home with an Ex-Spouse. After they have grown and moved out of the house, then the home can be put up for sale or one spouse can buy the other’s share for market value. In this arrangement, the ex-spouse who is living elsewhere can receive credit for the other spouse’s continued use of the property.

Can a husband and wife jointly own a property?

When you purchase a property with a co-owner, whether that be a partner, husband, wife, friend or family member, at some point in the conveyancing process you should be asked how you wish to hold the property. Your options will be to either hold the property as joint tenants or as tenants in common.

Can You co own a house with your spouse?

Co-owning is normally feasible if the house deed states that the couple is “tenants in common.”. This means that they both own half the interest and property on the home, as declared on the housing deed.

Who is the sole owner of the family house?

In some marriages, the family house is owned by one partner – everything is in their name. However, while the Land Registry may state that one person is the sole owner of the property, being married creates certain obligations between two people.

Can a couple still own the house after a divorce?

Continuing to Co-Own the House After a Divorce. There are pros and cons to both spouses owning the family house after a divorce. It’s not unusual for spouses to continue owning the family home together after a divorce, especially where kids are involved.

Can I be forced into selling a joint-owned house?

Can I Be Forced Into Selling a Joint-Owned House? When owners of jointly owned property can’t agree on the sale of the entire property, a partition lawsuit to force its sale may be filed. In a partition lawsuit, the court can order the sale of the entire property and divide proceeds among its owners.

How is the sale of a jointly owned house divided?

They may also take some time. Court costs, sale costs and attorney fees resulting from a partition lawsuit also usually come from the partitioned property’s sale proceeds. If a court orders a sale of your jointly owned property, its proceeds will be divided among you and the other owners based on ownership interest percentages.

Can a court force a co-owner to sell?

Partition lawsuits forcing all owners in a property to sell that property are usually a last resort. Courts always prefer squabbling co-owners to cooperate in selling the property before considering forced partition.

What happens if I Kick my Ex Girlfriend out of my house?

Your ex could assert that you wrongfully ousted her and may seek damages to her belongings if they go missing or are harmed after you put them out of the house. If you are concerned about such liability, you may want to go all the way through a tenant eviction.

When did I buy my house with my girlfriend?

I bought a house in 2007 and it’s 100% in my name. My girlfriend has lived with me the entire time but we have now broken up. She has paid half the bills the whole time and that includes the mortgage. Now that she is moving out, does she have any legal right to the house even though it’s in my name?

Can a girlfriend claim to be part owner of a house?

Howver, if she claims that you she was a part owner of the house and that you were only holding title in your name as a convenience, she may make a claim that you were holding her interest in the house in what is known as a “constructive trust”, and the case may not be a slam dunk either way.

Can a girlfriend Sue Me for my house?

Anyone can sue for anything, but that doesn’t mean that she will win. If she agrees with the facts as you have presented them, she would have no claim to any interest in the house.

Can You jointly sell your home with your spouse?

If you jointly own your family home with your spouse and are looking to sell it when one party disagrees, you might be wondering what your rights are which we can help with.

Do you need help to force the sale of a jointly owned property?

Do you need help to force the sale of a jointly owned property? When buying property with anyone else, or just sharing your home with other adults, it is essential to set out your legal and beneficial shares using the proper legal documents. This can save you from financial loss and bitter disputes down the line.

If you jointly own your family home with your spouse and are looking to sell it when one party disagrees, you might be wondering what your rights are which we can help with.

Can you sell your house without your spouse’s permission?

If you are the only person named on the official copies or title deeds for the property then you are the sole owner and you would not fall into this category. This means you can sell, rent out or re-mortgage the property, do pretty much anything with the property that you want, without having to have your spouse’s permission.

Do you have to sell your house in a divorce?

Consenting to Sell Real Property. The consent of all owners of a piece of real property is normally required before a sale is possible. For example, in a divorce both spouses must agree to the sale of any jointly owned homes before such sales are allowed.

Can a court order my Ex to sell the House?

It won’t. You may be able to approach the court for interim orders to force the sale of the house. If granted, the orders would allow for the property to be sold, and would also instruct a timeframe within which it should be sold. The net proceeds of the sale would be then become part of the property pool and available to split between you.

What happens if you are joint owner of property?

You can own a property as either ‘joint tenants’ or ‘tenants in common’. The type of ownership affects what you can do with the property if your relationship with a joint owner breaks down, or if one owner dies. You can get legal advice from someone who specialises in property.

What happens when one spouse leaves a property?

In the case where a couple rents a property and one party stays, it’s important that the other spouse’s name is removed from the tenancy. This ensures that one party is responsible for rent payments and prevents the tenancy from ending if the leaving party gave notice to quit.

Can a husband ask his wife to leave the property?

It often happens that husband and wife purchase a property jointly, but when they are heading towards a divorce, wife holds the right to stay in the property until the divorce is approved. The husband cannot ask her to leave the house as she is the co-owner of the property.

Can a former spouse force me to sell my house?

The property is now worth £200,000 and is mortgage free. 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?

Can a ex-spouse still own a house after a divorce?

No. Once the divorce is final and the home has been transferred to you by quitclaim deed, your ex-spouse is no longer an owner and has no right to enter the property other than by your invitation and consent.

How to force the sale of a jointly owned property?

In those circumstances you can ask the court to give you control of the sale of the property. You can also ask the court to sign any documents necessary to sell the house if the other joint owner refuses. In a straightforward case like this you could have an order for sale within a few months.

Can a jointly owned house be sold after a divorce?

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.

Can a married couple sell their home together?

According to the NOLO.com website, married couples typically own real property such as their homes together. 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.