Unless you agree to voluntarily sell the property your partner cannot force a sale. However, they can apply to the court for an order for sale of the property. The court will take into account a number of factors regarding your circumstances and whether the property is a family home to dependent children.
Can you be forced to sell your house in a separation?
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 you sell a house if one partner refuses?
If your partner refuses to sell the house and refuses or is unable to buy you out, you can force a sale. … You must be tenants in common to force a sale. If you are joint tenants you’ll need to sever your joint tenancy first and register as tenants in common. You can do this without your partners cooperation.
Can my husband make me sell our house in a divorce?
Answer. Yes, there is nothing to prevent a former spouse in these circumstances from issuing court proceedings to force a sale of the property and seek a share of the proceeds of sale. … This means that, even many years after their divorce, former spouses can seek to make financial claims against each other.
Can my husband force me to sell our marital home?
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 stop me from selling my house?
It also means that your spouse cannot sell or mortgage the property without you knowing about it. If you do not register your home rights then your spouse could sell or mortgage your home without you knowing about it. This may mean that you have to leave the property.
What happens if your spouse refuses to sell your house?
If one spouse refuses to sell the home, the other can head to court and file a motion (legal paperwork) asking a judge to order that the house be listed for sale immediately.
How do you sell a house while separated?
First, one person can buy the other’s share outright. Second, sell the property as quickly as possible and share the profit. Third, keep the property and legally change the owner. Fourth, transfer all or part of the property to one partner in the context of an overall financial settlement.
Can your wife kick you out of your own house?
Legally, it’s her home, too—even if it’s only his name on the mortgage, deed, or lease. It doesn’t matter whether you rent or own, your spouse can’t just kick you out of the marital residence.
What are my rights to house in separation?
The right to stay in your home unless a court order excludes it. The right to ask the court to enable you to return to your home (if you have moved out) The right to know of any repossession action taken out by your mortgage lender. The right to join any mortgage possession proceedings taken out by your lender.
Can I force my partner to sell 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.
What rights do I have if my name is not on the mortgage?
Real estate owned prior to marriage remains separate property. … If your name is not on your home’s title for these reasons, you would not own the home; neither would you be held responsible for loan repayment or any other lien placed on the property, even if it resulted in foreclosure.
Can my ex husband sell our house without my signature?
Whether you can sell your home without your spouse’s signature depends on whether they have a legal claim to property ownership. If your spouse’s name is on the deed to your house, you will need their signature. … Your spouse can grant you power of attorney to complete the sale without their signature.