Is a house bought before marriage marital property?
When a person buys a home before he or she is married, this property is usually considered his or her own separate property. However, the other spouse may have a right to some of the home’s equity upon divorce despite this classification.
Can a spouse refuse to sell a house?
This means that both parties are title holders of the property and therefore must sign any contract of sale for it to be valid. If one party refuses to sell a property it is possible to seek that the courts intervene to force the sale.
Can I force my spouse to sell the house in a divorce?
“Most couples hold the property’s title in a joint tenancy,” she says. Dermody notes you don’t have to immediately sell the property or transfer it to one person. But divorce doesn’t automatically trigger a sale and often people will wait to sell the house until they have a binding financial agreement.
What happens if one person wants to sell a house and the other doesn t?
If Your Partner Refuses Permission 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.