My ex and I have both our names on the title of the house. I want to sell, she does not. What can I do?

Answer 1

There is more to it than that. What did the divorce decree say? Are there children living in the house? Why don't you sell her your share?

Answer 2

The legal remedy you are looking for is called "partition." Whether or not it's available depends on your divorce decree and/or settlement agreement. For example, if your ex has custody of your kids, and was awarded exclusive use and possession of the home, you are out of luck. On the other hand, if there are no such restrictions, you and your ex are probably joint owners as tenants in common, in which case you can file a partition action to force a division of the property. Partition is an old remedy, and contemplates physical division if possible. If we were talking about a piece of farm land, partition might mean drawing a line so that each of you got an equal part of the land itself. Where houses and condos are concerned, however, physical division is impossible without seriously diminishing the value of the resulting shares. In that case, typically, a judge can order the property sold either by auction at the courthouse steps or through the appointment of a court officer who can sell the property at private sale. If the property is mortgaged, or if one of the joint owners has paid a disproportionate share of the expenses, there can be complications. Go back to the lawyer who handled your divorce and get some legal advice. If you weren't represented, consult with a lawyer who has matrimonial or real estate litigation experience. Good luck.

Answer 3

You need to look at the order from the court and your property settlement agreement, and if that does not give you the answer, you need to look at the documents you received when you purchased the house and determine your relationship at the time. You may have been tenants in common, joint tenants, part of a tenancy by the entirity, or even joint life tenants with a contingent remainder to the survivor. (The hardest to get out of is the last, and the legal presumption is the first). The rules for dividing the property depend on what the relationship was to begin with. But on a more practiacal note, your legal interests in the house should have been spelled out explicitly in your divorce decree (or order) and that would be the most reasonable place to start. And the lawyer who handled your divorce could most likely answer this question very quickly if you call him or her.

Answer 4

If he is the children's father, and if you have a court order for divorce and child custody which stipulates that you get the house as sole owner as your portion of the divorce settlement, then the title should have been changed to reflect your court-ordered sole ownership. If you did not get such a court-ordered stipulation in the divorce settlement, he can force sale. If you were not married to this ex-partner, therefore have no court-ordered divorce settlement and custody agreement arranging for you to keep the house, then he has the right to force the sale. Kids or no kids. He is an owner, and you have no real way to prevent the sale. You will have to sell and split the proceeds of the sale.

Answer 5

She can buy out your equity. That is the only way.

If she is not amenable to that, you can take her to court and have the judge order it done. Then she can either come up with the money to buy you out - or move and sell the house to divide the profit.

She cannot prevent you from taking actions that would remove your name from the title while getting your share of the equity.

I'm surprised this wasn't handled as part of your divorce decree... Did you check your divorce papers to see if it is in there?

Answer 6

Go to court and ask for a right to sell, it would also depend on the separate agreement. Maybe you could have her refinance the house and give you your half

Answer 7

She will have to buy you out, get your Lawyer to get the papers ready for her to sign, she really doesn't have a choice if she wants to keep the house.If this case was to go before a Judge they will make her buy you out if she wants to keep the house.

Answer 8

If you cannot convince her, you need a court judgment to force a sale.

The threat of a lawsuit might be sufficient to get her to agree to sell.

Answer 9

Who got the house in the divorce settlement?

Answer 10

both of you have to come to an agreement.this is coz if you sell w/o her consent she still has ownership rights coz its joint property.anyway you will have to sweet talk her and make sure you don't fraud or misrepresentation. also, you can call ur lawyer.