Can a court force me to sell my house?
The only way you can force the sale of your house is by getting a court order, known as an ‘Order for Sale’. This asks your ex to provide suitable evidence for why they refuse to sell. Where the court can’t find a reasonable counterargument, the Order for Sale states your ex must agree to the selling of your house.
Can I force the sale of the matrimonial home?
If either spouse refuses to leave the marital home prior to any court settlement, it is generally not possible to force through a house sale. In either scenario, if the other spouse does not agree to put the property on the market, the only way to get a sale will generally be to go to court.
What is it called when you are forced to sell your property?
A forced sale is a legal process (often called a partition lawsuit) by which the co-owner of a property can accomplished a court-ordered sale of the jointly owned property. The sale occurs under court supervision, ending in division of the property or sale proceeds. You should only file a lawsuit as the last resort.
Can I sell a property without the co owner agreement?
As a homeowner, you can decide to sell your home at any time. However, if you own a property with someone else, you can’t sell that property without consent from the other owner or owners. You can probably imagine that co-ownership of property is an issue if the owners don’t agree about selling.
Can you force your ex partner to sell the house?
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.
A court order is usually required if you and your partner have split up and can’t agree to sell the property, or you cannot afford to repay the mortgage. In some extreme circumstances, homes may be sold for the benefit of the local community, but this is rare.
What circumstances can you force a house sale?
Under what circumstances can you force a sale of property?
- An agreement within the Deed of Trust outlining the intentions of buying and selling a property.
- A divorced or separated couple who had purchased a property with an intention of having it as their matrimonial home.
Can you be forced to sell a jointly owned property?
Selling a co-owned property or land can be stressful, especially when the other legal owner (s) disapprove the 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.
What happens when one person wants to sell the house?
Well ultimately if one party wants to sell the property it must be sold. Practical options of course are for one party to buy the other party out. If that party has been unreasonable, the Court may Order that the costs are paid from that parties share of any net proceeds of sale.
Can a court order the sale of a matrimonial home?
The matrimonial home has special protections afforded to it under the Family Law Act . Therefore, even if only spouse is named on title to the home, both spouses must consent to the home being sold. No spouse may “dispose of or encumber” an interest in a matrimonial home unless the other spouse consents.
Can a former spouse force the sale of my marital home?
My former husband has now told me that my property must be sold and he wants half of the proceeds of the sale. I had understood that when we were divorced and he transferred the property to me that this would be in final settlement, although we did not record this in writing. The property is now worth £200,000 and is mortgage free.
Can a court force you to sell your home?
And the short answer is, “Yes.” The court can force you to sell your home because they have the authority to transfer property from one spouse to another or to order property sold pursuant to a dissolution of marriage.
Can a court order be used to force a sale?
In this case, a court order will take into account any children that you may have. They will also take into account if you are still married to your partner. These factors can help to determine the outcome of any sale.