Can I force sale of house during divorce?
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Can I force sale of house during divorce?
There’s a misconception you have to get a divorce order before you can deal with the sale of the family home. But you can sell or transfer the family home at any point. But divorce doesn’t automatically trigger a sale and often people will wait to sell the house until they have a binding financial agreement.
How do you force sale of joint property?
When owners of jointly owned property can’t agree on the sale of the entire property, a partition lawsuit to force its sale may be filed. In a partition lawsuit, the court can order the sale of the entire property and divide proceeds among its owners.
Can gifts be taken back in a divorce?
Gifts to either spouse from a third party are considered separate property, again if they have not been commingled with marital assets. So far, so good. However, in divorce, disagreements often arise as to whether the sum in question was to be considered a gift or if it was in fact a loan.
