What determines who gets the house in a divorce?
What determines who gets the house in a divorce?
In most divorces, the marital home is a couple’s biggest asset. If a judge determines that the marital home is one spouse’s separate property, the solution is simple: the spouse who owns it, gets it. It’s a lot more complicated when the family home is a marital asset.
How do I get my ex wife out of the house?
You usually do this by filing a quitclaim deed, in which your ex-spouse gives up all rights to the property. Your ex should sign the quitclaim deed in front of a notary. One this document is notarized, you file it with the county. This publicly removes the former partner’s name from the property deed and the mortgage.
Can I buy my ex out of the house?
To buy someone out of their share of a property, you have to work out their share of the equity. Typically this involved four steps: Get the house valued (the lender will do this, usually for a small fee). Ask your current lender for a redemption certificate to find out how much is left to pay on the mortgage.
How do you get someone out of your house that won’t leave?
File an official tenant eviction order with your local courts. If they still won’t leave, you can take them to court. If they paid for groceries or any bills, they may legally be an “at-will tenant,” making it much harder to kick them out legally.
Can my ex force me out of my house?
In order to legally force your partner to leave the family home to ensure they do not return you will need to obtain an exclusive occupancy order from the court. These orders are only made in circumstances where there are threats, domestic violence or safety concerns for either party or the children.
What if my ex won’t sell the house?
You will need to go to the county court and obtain a county court judgement. After this has been successful, you can start the process for an order to sale. To do this, you’ll need to attend a hearing, where a judge will hear your case along with your ex-partner’s.
Can a judge make you sell your home?
The legislation in both British Columbia and Alberta allows the Court to force the property to be listed for sale, regardless of whether or not both parties consent. When spouses cannot cooperate or agree, sole conduct of the sale may be required.
Can I rent my house to my ex partner?
There are no issues with renting a property from him/her. it doesn’t matter whether you were married or not. But if he is in financial trouble just consider he could lose the house at some point and you might need to move. Ted Varrick likes this.
