how to right a motion to force sale of martial home without a lawyer

If you want to sell your home because you have split up from your partner, you can apply for an order if your ex does not want to sell up. Once you have received the order, the courts can then begin to enforce it if required. You should be aware that this whole process can take at least a few months.

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How to file a motion to sell property of the estate?

Apr 02, 2020 · However, most strangers don’t want to co-own a home together. So selling property shares like this isn’t a feasible option unless the co-owner knows and likes the new co-owner. However, in some cases– such as within a marriage –the right to sell co-owned shares of property is suspended. Getting the Court to Force a Sale

Can a minority owner force a sale of a joint property?

Mar 31, 2011 · Brown, 392 S.C. 615, 709 S.E.2d 679 (Ct.App. 2011), provides the South Carolina family court bench, bar and litigants guidance into what a family court judge can and cannot do to effectuate the sale of the marital home when a final order requires the home to be sold but does not reserve jurisdiction to handle disputes arising from the marketing ...

How do you sell a property at a forced auction?

Feb 14, 2019 · A partition lawsuit (or a partition action) is a legal process by which a court either divides up a property among the co-owners or sells the property and divides the money among the co-owners. A partition action “splits the baby” when the owners cannot agree. Partition simply means “division”.

Can a court order a spouse to sell the marital home?

But if push comes to shove, a court can order the immediate sale of a home, while the divorce is still in progress. In truth, most couples are able to resolve this issue on their own. Evidence of this lies in the fact that the vast majority of divorce cases settle before a trial. But if spouses can't agree, then the court will decide the issue ...

Can you sell your home after divorce?

Selling the family home before the divorce is over isn't how things usually play out. But if push comes to shove, a court can order the immediate sale of a home, while the divorce is still in progress. Courts have an obligation to preserve an asset's value when it appears that one or both spouses is either deliberately or involuntarily causing the asset's value to decline.

Can a divorce be settled on its own?

In truth, most couples are able to resolve this issue on their own. Evidence of this lies in the fact that the vast majority of divorce cases settle before a trial. But if spouses can't agree, then the court will decide the issue for them and can order the couple to sell their home.

Can a divorce be settled before trial?

Evidence of this lies in the fact that the vast majority of divorce cases settle before a trial. But if spouses can't agree, then the court will decide the issue for them and can order the couple to sell their home.

What is the purpose of a divorce court?

Divorce courts are known as courts of "equity," which means that their primary goal is to achieve an outcome that is fundamentally fair to the people involved. The law gives judges in equity courts wide latitude in terms of how to reach a fair result. So when it comes to marital assets, the court can distribute property in a way it believes will ...