he has no money to buy me out. does he have a choice?
2007-10-30 09:28:19 · 47 answers · asked by kravitz67 1 in Family & Relationships ➔ Marriage & Divorce
If you bought the house together, it is community property and has to be sold. He gets half, unless he's willing to forfeit it.
2007-10-30 09:31:27 · answer #1 · answered by Don 7 · 1⤊ 2⤋
If you are divorced, the house should have been awarded to one of you. If you both still have interest in the house (both still on the deed) then yes you have to get his permission to sell it, even give him a share of the money. But if you got the house in the divorce settlement, then you can do with it what you like.
2007-10-30 09:55:44 · answer #2 · answered by jimapalooza 5 · 0⤊ 0⤋
Who's name is the house in? And was there a prenup? Common law marriage laws in your state? These are just a few factors that could vary the answers.
And the laws vary by state so it'll be tricky for us to assist because of that fact and you'll need to speak to your attorney further on those laws. It's not always about who can buy who out unless he agrees for you to do so and signs paperwork that will exclude the house and its assets (from the sale) from the divorce.
2007-10-30 09:34:32 · answer #3 · answered by Michaela 2 · 0⤊ 1⤋
If the house was purchased after marriage (and there was no pre-nup in place), then the most common practice is to either have the marital partners settle (which it doesn't seem will be possible by the tone of your question), or the property is sold, and the profits are split.
Your spouse - if the property was purchased DURING the marriage - would be entitled to 50% of all marital assets...unless an agreement were reached pre-marriage or post-separation (via lawyers).
My strong advice would be to get an attorney that specializes in marital property division.
2007-10-30 09:32:32 · answer #4 · answered by Brutally Honest 7 · 1⤊ 1⤋
That is decided by the court when you divorce. If the house is in both your names and one of you cannot buy the other one out ( which the court can decide he has to pay you half the equity not half the cost of the house), the court can stipulate it has to be sold and the profits split. If you want to keep it they might require you to give him half the equity in it and you keep it and keep making the payments.
If both your names are on the note you can't sell without his signature anyway.
Good Luck
2007-10-30 09:38:07 · answer #5 · answered by mn lady 6 · 0⤊ 1⤋
Down here in the south. when a couple get,s a divorce you split every thing right down the middle it,s called 50 50 i believe just about every state has this sort of law,s. and what make,s you think he can not put it up for sale and give you half? better get a lawer or you may be slepping under a bridge.
2007-10-30 09:35:18 · answer #6 · answered by BOB 3 · 0⤊ 1⤋
Well that would depend on the laws of your state. The state i live in states that when you file for divorce no property is to be sold, given away ,etc. until the divorce is final. Then it would depend on the final decision of the courts. Sometimes the courts make both sell then split the profits.
2007-10-30 09:35:11 · answer #7 · answered by judymendoza 1 · 0⤊ 1⤋
It depends on whose name is on the deed. If it is indeed both of you then yes it is common interest. It doesn't matter if he has money or not, what matters is that as a married couple you do have joint ownings. Frankly it sucks but now you know how this often screws the hardworking person in the relationship having to share half of what they gained during the marriage.
2007-10-30 09:32:39 · answer #8 · answered by jay k 6 · 0⤊ 1⤋
It depends who gets the house in the divorce settlement. You may need to buy him out of his half to the house, especially if his name is on the deed or loan for the home.
2007-10-30 09:32:07 · answer #9 · answered by Anonymous · 1⤊ 1⤋
If the deed is in both of your names, he has to agree to sell it, and you have to give him half of the proceeds - if you bought it during the marriage.
If you were awarded the house in the settlement - it's yours to sell if you want to, but you may still have to split the profits.
If it was yours or his before the marriage, and spouse name was added to title after the marriage, you may have to ask your lawyer about that.
And no, just because you divorce, you don't automatically have to sell your house. There aren't very many community property states.
2007-10-30 09:32:02 · answer #10 · answered by porcelina_68 5 · 1⤊ 1⤋
If the house is strictly in your name then no you do not need permission. If the house is in both of your names then he is entitled, in generally to at least a portion of the money earned from the sale.
2007-10-30 09:31:55 · answer #11 · answered by mamabee 6 · 1⤊ 1⤋