we are alredy living apart she left the home after agreed seperation has been gone 18 months agreed to selling house now wants all proceeds or after now finding buyer she says she wont sell i can no longer afford the morgage how do i stand she makes no contribution due to mental health issues
2006-10-02 08:25:38 · 8 answers · asked by c.roughton@btinternet.com 1 in Family & Relationships ➔ Marriage & Divorce
It never hurt anybody to want. In a seperation, courts will leave it up to you two to settle this. In divorce court, judge can order house to be sold with proceeds to first, settle all claims or bills and second the remainder to be split equally among you two. Not knowing all your details and facts, I would say it would be advantageous to you to offer to buy her part out at whatever price you two can agree upon and then sell the house. As for her contribution, it doesnt matter as the house is marital property. Legally, since you two are only seperated, she can tie you up from selling the house where as in a divorce, the judge can order it to be done no matter what. Sit and talk with her and see if you can make some kind of deal. Good luck
2006-10-02 08:45:25 · answer #1 · answered by Arthur W 7 · 0⤊ 0⤋
If your both on the mortgage and the house in joint names and not as tenants in common, most courts will divide the asset 50/50 regardless of contributions. She is not entitled to 100%.
Seek legal advice and also speak to your mortgage lender about them taking potential control of the sale, particularly if you can no longer afford to make the payments.
She's dreaming if thinks she'll get 100% of any profit.
2006-10-02 15:31:28 · answer #2 · answered by Ellie29uk 3 · 0⤊ 0⤋
If your are not divorced yet and the house was purchased during the marriage, it is community property. She is entitled to half of the proceeds if you sell. If you are already divorced, whomever was awarded the property by the courts is entitled to the proceeds and the other party cannot stop the sale.
2006-10-02 15:33:24 · answer #3 · answered by rebel g 4 · 0⤊ 0⤋
get a good solicitor, you don't have to split it 50/50 if you think it unreasonable that she gets half the proceeds from the sell.
is any one acting as enduring power of attorney (POA) for her (as she has mental health issues). If so, then she has no say in the matter to sell or not. it would be between you and the POA. if the POA is you then its your decision whether to sell or not
2006-10-02 15:52:41 · answer #4 · answered by the main man 1 · 0⤊ 0⤋
Unless she is willing to buy our your share of the house. You have the right to se.ll the house if you are getting divorced or divorced. I'd suggest consulting an attorney for further inquires.
2006-10-02 15:28:04 · answer #5 · answered by Aubrey's mommy 5 · 0⤊ 0⤋
Whose name is the house in? If its in your name alone and you can prove that she has never contributed, then you can sell it without her consent.
I am not sure of where you stand if the house is in joint names, you would be better to get legal advice.
2006-10-03 04:10:48 · answer #6 · answered by Catwhiskers 5 · 0⤊ 0⤋
don't know what state you are in. but there is no law like that where i am from...everything is sold and slpit 50 50.
2006-10-02 15:31:07 · answer #7 · answered by ~just_jd~ 5 · 0⤊ 0⤋
Contact a lawyer..............The split will be 50/50.
2006-10-02 15:30:37 · answer #8 · answered by tallerfella 7 · 0⤊ 0⤋