How do I force the sale of my house after divorce?

How do I force the sale of my house after divorce?

The division of real property owned by a divorcing or now divorced couple isn’t usually possible, so a court-ordered sale is the normal end result. If you use a partition lawsuit to force your ex-spouse to sell the home you jointly owned together, you’ll also usually have to divide any proceeds.

Does my husband have to pay the mortgage if he leaves?

You are both jointly and separately responsible for the full amount of the loan. If the loan is not paid, the bank may take possession and sell the home to pay it. Most commonly, if you remain living in the home, you should pay the mortgage and expenses for the home, pending sale.

Can my ex take half my house?

Both you and your spouse or ex-partner are entitled to live in your home after separation regardless of whose name is on the rental agreement or the title of the property. You cannot be forced to leave just because the property is not in your name, unless the Court orders it.

Can I make my ex partner sell our 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.

Can I be forced to sell a jointly owned property?

The Court’s power to order partition or sale Under s 66G of the Conveyancing Act 1919, a co-owner of a property can apply to have a trustee (i.e. third party) appointed to sell or partition the property, subject to any encumbrances. In this case, the Court will order the sale of the whole property.

Can a judge force you to sell your house?

If you own a home with others and can’t agree on its use or disposition, a judge can order the home sold off to resolve the dispute. In partition lawsuits involving homes, judges sometimes just order them to be sold, with proceeds split among co-owners.

Can one sibling forced sale of inherited house?

When siblings inherit a property the best case scenario is that they all agree on what to do with it next. Unfortunately differences of opinion are common, causing divisions at an already difficult time, but without going to court one sibling can’t force another to sell an inherited home against their will.

Can you sell your half of a house?

What if one owner wants to sell their share of the property but the other owner does not, what happens then?? In New South Wales, section 66G of the Conveyancing Act 1919 allows an owner to make an application to the Supreme Court for the appointment of a statutory trustee for the sale or partition of a property.