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 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 I sell my house if my spouse doesn’t want to?
If only one person’s name appears that person can sell the house – without the other spouse’s approval. Most sellers have an idea of who is on the deed but there may be surprises buried in the documents making it impossible to complete the sale.
Can I be forced to sell a jointly owned house UK?
A joint owner can prevent sale of the home by the other joint owner and may be able to prevent a forced sale by a creditor or trustee of the joint owner.
Can you force someone to sell their house?
Conclusion. 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.
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 partner force me to move out?
There are only two circumstances in which you can legally force your spouse to move out during a divorce: … Your spouse is engaging in abusive behaviors towards you or the children, or there are proven acts of domestic violence (in that case, you should seek a restraining order or an injunction).
Can my ex partner force me to sell the family home?
If you and your ex own a home that is in both of your names, they cannot legally force you to sell the house. … If you want to remain in the home, you may wish to buy your ex out. Usually, spouses trying to force a property sale need to free up the capital so they can find a property of their own.
Can a joint property owner force a sale?
Someone who is a joint owner of a property can force the sale of the property by petitioning the court to partition the property.
How do I force a sale of jointly owned property?
Forcing the Sale of a Jointly Owned property
When this is the case, the legal owner intending to sell the property can make an application to a court for an order for sale. Upon the granting of the order for sale by the court, the legal owner can force for the sale of the jointly owned property.
Do all heirs have to agree to sell property?
“If there is more than one executor, all executors must sign the sale agreement,” says Van Blerck. … The sale agreement must also be subject to the prior written permission of the heirs in the estate. This is a legal requirement and is lodged simultaneously with the application to obtain the approval of the Master.
Can a co-owner make a transfer without the consent of other co owners?
A co-owner of a property can transfer a commercial property to any outsider without consent of the other owner. … Section 7 and 44 of transfer of property act will come in to play and Supreme court has in many judgments stated that even the interest of a co-owner or co-sharer can be sold, mortgaged, leased to a stranger.
How long does a force of sale take?
It can take between 3 months and 18 months to force the sale of a house.