Can I sell my house if my ex is on the mortgage?

Can I sell my house if someone else is on the mortgage?

If you own a home, you can make the decision to sell it at any time. … If you share ownership with another person, neither of you can sell the property without permission from the other. This isn’t a problem if all the owners agree to sell, but it becomes a big issue when the owners disagree.

How do you sell a house if one partner refuses?

If you want to sell and your partner doesn’t (or vice versa), one person can begin an action of division and sale in court. However, the other party can petition the court to a division of the proceeds, or to buy the place at a market price or one decided by the court.

Can I force my 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.

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Can I sell my house if my ex doesn’t want to?

You may decide to sell your property without the consent of your spouse. When accepting an offer, you’ll need signatures from everyone on the grant deed. Some real estate agents will even take your listing on this basis, requiring only one signature on the agreement. …

Can siblings force the sale of inherited property?

One of the biggest questions around inheriting property with a sibling is if a sale can be forced. The short answer is no; if more than one person has inherited shares, then any sale must have all shareholder’s consent.

When multiple siblings inherit a house?

Unless the will explicitly states otherwise, inheriting a house with siblings means that ownership of the property is distributed equally. The siblings can negotiate whether the house will be sold and the profits divided, whether one will buy out the others’ shares, or whether ownership will continue to be shared.

Can a judge force the sale of a home in a divorce?

We often get this question in the context of a divorcing couple. 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 you be forced to sell a jointly owned property?

If you are living in the jointly owned family home, unless you agree to voluntarily sell the home your spouse or partner can apply to the Court for an order for sale of the property. The Court will normally only make an Order for sale at a final hearing.

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Can I force the sale of my house in a divorce?

In summary, the court can force the sale of your house on divorce, and will usually do so if it considers that the other party is entitled to a share, and you are unable to buy them out.

Can I buy my ex out of the house?

If you still share a mortgage, or if you own the property outright but you’re planning to mortgage one half to buy your ex out, you should speak to your lender as soon as possible. … To remove your ex-partner from the original mortgage agreement and the Title Deeds, you’ll need to complete a Transfer of Equity.

How do you split up when you own a house together?

Understanding how the home can be divided

  1. sell the home and both of you move out. …
  2. arrange for one of you to buy the other out.
  3. keep the home and not change who owns it. …
  4. transfer part of the value of the property from one partner to the other so your children have somewhere to live.

How can I get my husband out of the house if he refuses to leave?

To legally kick your husband out of the house, California law has certain requirements. It requires a showing of assault or threatened assault if the request is made on an emergency basis. It also requires potential for physical or emotional harm if the request is made on a non-emergency basis.