how can i force my ex-fiance to sell the jointly mortgaged house he still occupies? smith.sussane. Originally the building was leased to a blue chip tenant. Bachelor's Degree. I am still paying half the mortgage 14 months after we split, with no offers over the outstanding mortgage amount?. 15 Mar, 2019 04:00 PM 5 minutes to read. I separated from my partner 12 months ago, due to the fact I found out he'd been seeing another woman. By Karman Lock on October 21, 2015. 16 June 2013. Can my ex make me sell the house when I want to stay? Can my ex force me to sell my house? ... 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. SimonC. Favourite answer. Vaudrin moved out of the house and wanted to sell. 1 Answer from Attorneys. 0 users found helpful. 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). A motion for contempt is essentially asking that the court punish the ex-spouse for not living up to the divorce decree. She initiated the divorce and it was a mutual consent divorce in the state of Illinois. Forcing Ex-spouses to Sell. My ex husband has refused to sell the martial home. One of the key assets in any marriage is the matrimonial home. 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? VIEW ALL CATEGORIES. In our divorce judgment, it states we are to agree upon the sale of the home. The other person can ask the court to postpone or refuse the sale. 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. The Ex-Files: What if one partner refuses to sell the house? 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. She hired a lawyer and I had no representation. Partition lawsuits are used to force the division of property between multiple owners. Can I force a sale for less than this figure . Posted on: 24th Oct, 2008 04:05 pm. 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 To protect yourself against your ex deciding to sell your house, you should seek a Notice of Home Rights against the property. Each of them owns a one half share. UK property law: how to force a house sale if your love ends. My ex husband and I separated 2.5 years ago and divorced last year. Re: Forcing Ex-spouse to sell jointly owned home. Any dealing with a property requires the joint involvement of all trustees. I was to keep the house because she could not afford to make the payments on her own. 1,213 satisfied customers. When Your Ex Refuses to Sell the House. If an ex-spouse is refusing to comply completely, then your attorney may file a motion for contempt. She left me in June of 2008, at that time we were in complete agreement over everything in the divorce. Ex forcing to sell the house post divorce. Your ex-wife’s next step is to bring a partition lawsuit to force you to sell the property. In fact, there's no legal formula about how assets should be divided following divorce. Robert Sher Wagshal and Sher. Relevance. Forcing The Sale Of Property Owned With Others. (2 min 6 sec read) Laurel Starks Laurel Starks is a divorce real estate specialist. Then the only thing left to fight about is how much of the proceeds each of you get. If the agreement imposed a deadline on your ex by which she was to sell or refinance, she is in breach of contract. The following are just a few reasons why this might happen to a homeowner. Lv 7. 2 years ago my ex partner had an affair and we separated, she moved in with her mum. Rosemary Bocska 570 Posted July 25, 2019 0 Comments Yes, in some circumstances. Daniel Smith. 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. What's the deal with this? Adverts; Animals & Nature. 1 Answer Active; Voted; Newest; Oldest ; 0. It has been a good investment over the years. Since the judge granted me tons of extra time my ex has become EVIL. Asked on 8/27/03, 10:49 am. He is refusing to sell. Can I force my ex to sell the house? 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. I was recently (about 6 months) divorced by my wife. 7 Answers. You may decide to sell your property without the consent of your spouse. ‘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. Unless you can prove that you hold a 100-percent interest in the house, the court will ultimately order the sale. Hi can my ex make me drop myprice for our house court has said it is 50/50 each ? Exclusive. He took out a loan on the house which we are now thinking about fighting against the bank in court. We have 2 children ... Read more on Netmums 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. 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. My wife and I are currently going through a divorce that seems to be getting nastier by the day. i have been divorced for over four years. Barry is a retired farmer who has invested a substantial sum of money in a commercial building. Can I force them to sell? 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. 0 attorneys agreed. Caron continued to live in the home and would not agree to the sale. We have a house with a mortgage on which we are both co-signers. I live in a property which is owned by my ex-husband. 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. 1 decade ago. I was recently (about 6 months) divorced by my wife. Answer Save. 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. Ex forcing me to sell house (33 Posts) Add message | Report. If we take this decision, then what happens if … read more. Little People’s Amy Roloff sells 32 acres of farm to ex Matt for $975K as she accuses him of ‘forcing’ her off property. What steps can I take to force her to either sell the house or refinance it and get my name removed. Life is full of unexpected twists and turns. Housing. Forcing the Sale of the Matrimonial Home. Environment; Pets; Twitching & Birdwatching; Arts & Literature You can probably figure out there are several scenarios where situations like this can be used (for better or for worse) in negotiations. When accepting an offer, you’ll need signatures from everyone on the grant deed. I want to sell but they do not, and they cannot afford to buy me out. Can You Be Forced to Sell Your House? OP’s posts: See next | See all Add message | Report | See all. I live in a property which is owned by my ex-husband. I wanted to ask can he force me to sell. We were not fighting about anything. Admin Changed status to publish July 25, 2019. Barry purchased the building many years ago with Sam. Posted in Property Issues. Can I Be Forced Into Selling a Joint-Owned House?. GEM33 Wed 09-Apr-14 02:05:48. 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. i have been trying to refinance to remove his name but they denied me and told me to try again in six months. Short Sale or Pre-Foreclosure. mumtobealloveragain Wed 09-Apr-14 13:30:09. He took. 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. She initiated the divorce and it was a mutual consent divorce in the state of Illinois. Times have changed. This motion will tell the court that your ex-spouse was ordered to sell the house, but is willfully failing to do so. Yes, unfortunately. 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