what kind of lawyer do i need if i want my ex wife to sell the house

Can my ex-spouse force me to sell our house?

May 08, 2019 · Of course, all of that changes when the court steps in. When a judge makes the decision, it may or may not go the way you had hoped. But at least your ex won’t be able to throw a wrench in the works without incurring the wrath of the court. Related Articles: Taking Money from a Joint Account During Divorce; When Your Ex Refuses to Sell the House

What can I do if my ex wants to sell my house?

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”.

Should I hire an attorney to sell my house?

Sep 16, 2020 · At the hearing, the judge will need to find that: You were awarded the property in the divorce judgment; Your spouse has been presented with a quit claim deed to transfer the property to you; and. Your spouse has not signed the deed. The judge will probably order your ex-spouse to sign the quit claim deed in court, and will give your ex-spouse ...

Do you need a lawyer to sell a house in DC?

Dec 29, 2018 · The consent of all owners of a piece of real property is normally required before a sale is possible. For example, in a divorce both spouses must agree to the sale of any jointly owned homes ...

What happens if one person wants to sell a house and the other doesn t?

When your co-owner(s) refuses to sell a house as is, the best solution is to either buy their share, or request that they buy yours.

How can I sell my house if my partner refuses?

If the co-owner is not willing to sell their share, they may be agreeable to buy your share. In either case, once the share is transferred the legal owner(s)has control of the property. Sell your share to another buyer. Legal ownership provides the right to sell the portion of the property specified.Sep 26, 2021

What happens if your ex refuses to sell your house?

If an ex-spouse is refusing to comply completely, then your attorney may file a motion for contempt. This motion will tell the court that your ex-spouse was ordered to sell the house, but is willfully failing to do so.Nov 21, 2016

Can I sell my house if my spouse doesn't want to?

If the house was purchased during the marriage, then they may still have rights to equity from the home sale even without being named on the deed. You may even still need their signature to sell the house. “Many states require the signature of a spouse at closing even if the spouse is not on the deed or the mortgage.Jun 28, 2021

How can I force my ex to 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.Mar 25, 2020

Do I have any rights to my partners house?

Both married partners have a right to remain in the matrimonial home, regardless of who bought it or has a mortgage on it. This is known as home rights. You will have the right to stay in the home until a court has ordered otherwise, for example, in the course of a separation or divorce settlement.

Why moving out is the biggest mistake in a divorce?

One of the most significant ways moving out can influence your divorce is when it comes to child custody. If you move out, it means you don't spend as much time with your kids. Not only can this harm your relationship, but it can also damage your custody claim.Mar 31, 2021

What happens when one person wants to sell the house?

Selling or transferring ownership of your property may remove you from the deed, but it won't impact the mortgage in any way. If you force a sale, the proceeds will pay off your mortgage and you can walk away.

Can a court make you sell your house?

"I want to sell my house fast!" - Get a cash offer for your house today! The only way you can force the sale of your house is by getting a court order, known as an 'Order for Sale'. This asks your ex to provide suitable evidence for why they refuse to sell.May 10, 2019

How do I sell my house if one partner refuses UK?

How to sell a house when one partner refuses – joint tenantsRefuse a sale.Refuse a sale but make an order regulating the right to occupy the property.Order a sale.Order a sale but suspend the order for a short period.

Can I make my wife sell the house if we divorce?

In summary, the court can force the sale of your house on divorce, and will usually do so if it considers that the other party is entitled to a share, and you are unable to buy them out.Jan 24, 2020

Can my husband sell the house without my consent in Texas?

The Texas Constitution, Article XVI, Section 50(b) states the following: An owner or claimant of the property claimed as homestead may not sell or abandon the homestead without the consent of each owner and the spouse of each owner, given in such manner as may be prescribed by law.May 15, 2019

Why do you need an attorney for real estate?

An attorney helps you protect your investment and assets while ensuring you’re conducting your side of the transaction legally — which can prevent costly missteps. Real estate attorneys are required in many states, but even if you aren’t legally required to use an attorney while selling, it can be a good idea.

What is a real estate attorney?

Real estate attorneys help oversee home sales, from the moment the contract is signed through the negotiating period (aptly called the “attorney review”) to closing. A seller’s attorney reviews sales contracts, communicates terms in a professional manner and attends closings to prevent mishaps. Selling a home is a complex process ...

How much does a real estate attorney charge?

How much does a real estate attorney cost? How much you’ll pay for real estate attorney fees depends on your market and how involved they are in the transaction, but they typically charge a flat rate of $800 to $1,200 per transaction. Some attorneys charge hourly, ranging from $150 to $350 per hour.

What to do if you inherited a home?

An attorney can help you navigate the complexities. Estate sale: If you inherited the home you’re selling, hiring an attorney to sort through ownership documents can ease the burden, which is especially helpful when you’re grieving the loss of a family member.

Who is responsible for underwriting title insurance?

Title company: A representative of the title company is responsible for underwriting the title insurance and transferring the clean title of the home to the buyer.

Who hires an inspector to inspect a house?

Inspector: The inspector is hired by the buyer. Their job is to make sure the buyer knows about everything that may need to be repaired on the home. Sellers also sometimes hire an inspector to do a pre-inspection so they can make any necessary repairs before putting the house on the market.

Do you need an attorney for a closing?

In 21 states and the District of Columbia, attorneys are legally required as part of the closing process. Attorney-required states include: As a best practice, if the other party in your transaction has a lawyer representing them and supporting their best interests, you should too.

What are the legal rules for joint property ownership when one party wants to sell?

What are the legal rules for joint property ownership when one party wants to sell? The minority owner CAN force a sale against the will of the majority owners. The law allows any co-owner to facture the joint ownership via a partition action.

When two or more people own the same property, one of the owners CAN force a sale of the jointly owned

When two or more people own the same property, one of the owners CAN force a sale of the jointly owned property via a partition action or lawsuit. If you are dealing with joint ownership property, this guide explains the cost of a partition action, how to win a partition action, whether a partition action can be stopped, and more.

How much does a partition action cost?

The cost of a partition action or lawsuit is often $5,000 or greater. And if the matter is contested or complicated, costs can exceed $10,000 or even $15,000. And you may not realize that you are signing up this, because attorneys often charge on an hourly basis.

What is forced sale?

A forced sale is a legal process (often called a partition lawsuit) by which the co-owner of a property can accomplished a court-ordered sale of the jointly owned property. The sale occurs under court supervision, ending in division of the property or sale proceeds.

What is voluntary buyout?

A voluntary buyout also prevents the loss in value resulting from litigation. So, make every effort to resolve differences with the other co-owners.

What is a partition lawsuit?

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”.

What is partition appraisal?

The professionals or appraisers value the property and file a report in the court record. The appraised value is generally used if any of the co-owners exercise the right to buy out the other owners. And in many states, the property cannot sell at auction for less than 2/3rds of the appraised value.

What to do if your ex won't sign a quit claim deed?

If your former spouse won't sign a quit claim deed for property awarded to you, it will be necessary to go back to court to ask the judge to enforce the judgment, with a court ordered quit claim deed. Generally, the judge will have two ways of doing this: Find your ex-spouse in contempt of court, and sentence him or her to jail ...

Who signs the deed to a house?

Your spouse signs the deed. At which point you'll need to file it with the appropriate agency (most often the county clerk or property recorder). The judge makes a finding of contempt of court. Your ex-spouse will sit in jail until he or she signs the deed. Once the deed is signed, file it.

How to file a quit claim deed?

You can expect one of three possible outcomes on the way to filing the quit claim deed: 1 Your spouse signs the deed. At which point you'll need to file it with the appropriate agency (most often the county clerk or property recorder). 2 The judge makes a finding of contempt of court. Your ex-spouse will sit in jail until he or she signs the deed. Once the deed is signed, file it. 3 Your ex-spouse refuses to sign the deed even under a contempt finding and the court issues a court order for the transfer of the property. This order can then be filed with the appropriate agency instead of a quit claim deed.

What is a deed in real estate?

Deed. A legal document that transfers ownership of real property. Grantor or Transferor. A person who transfers ownership of his or her interest in real property. Grantee or Transferee. A person to whom an interest in real property is transferred. Quit Claim Deed.

What is the division of property in divorce?

Part of a divorce judgment is the division of property between the spouses. If any of that property is real estate that is held by both parties, it will be necessary for the spouse who is not awarded the property to sign a quit claim deed transferring his or her interest to the spouse who is awarded the property.

What is a quitclaim deed?

Quitclaim deeds are an easy way to convey property to another, but be careful, as there may be unknown title issues that may arise. Learn more about quitclaim deeds and how to use them.

Can a divorce decree require a quit claim deed?

Your divorce judgment or settlement agreement may or may not specifically order your former spouse to execute a quit claim deed. It may include a general statement to the effect that each party is required to take any and all actions necessary to carry out the division of property, which covers quit claim deeds for real estate.

What is a deed to a home?

A deed to a home or other real property is separate and distinct from any mortgage attached to that property. A home's deed also conveys legal ownership of that home. Mortgages are debt obligations to lenders undertaken by buyers of real property, but they don't convey legal ownership. In partition lawsuits resulting in the sale of homes or other real property, any debts such as mortgages are settled upon legal sale, either from proceeds or from the owners, or from both.

What is mortgage in real estate?

Mortgages are debt obligations to lenders undertaken by buyers of real property, but they don't convey legal ownership. In partition lawsuits resulting in the sale of homes or other real property, any debts such as mortgages are settled upon legal sale, either from proceeds or from the owners, or from both.

What is partition lawsuit?

Partition lawsuits are used to force the division of property between multiple owners. Any one of the owners of a real property can file a partition lawsuit compelling its sale. 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.

What percentage of married couples divorce?

Regrettably, 40 to 50 percent of all married couples eventually divorce, and while most divorcing couples figure out a way to sell off their jointly owned homes when required, some find that one spouse or the other will refuse to sell.

Can you force your ex-wife to sell your house?

Also, even after divorce your spouse must still agree to the sale of the home or other real property you owned together, but you may be able to force your ex-spouse to sell real property you owned together by employing a partition lawsuit.

Do you have to agree to sell your house after divorce?

Also, even after divorce your spouse must still agree to the sale of the home or other real property you owned together , but you may be able to force your ex-spouse to sell real property you owned together by employing a partition lawsuit.

What is quit claim deed at dissolution?

The issue is you signed the quit claim deed at dissolution which, if it is filed, is proof of a transaction of the home. You no longer have a property interest in the home. You need to review the mortgage as many mortages I have seen have a payable in full clause upon transfers. That is what this was. The mortgage company may attempt to call the mortgage in full immediately. You are still responsible for said payments to the lender because you are on the mortgage.

Can a mortgage company call you in full?

That is what this was. The mortgage company may attempt to call the mortgage in full immediately. You are still responsible for said payments to the lender because you are on the mortgage. However, the dissolution, depending on how it is worded, may offer you some protection.

Can a lander remove your name from a mortgage?

If they are current and have never been late with payments, the lender may allow them to remove your name from the mortgage. A lander may also allow a novation if your ex-spouse "buys" your release by making a substantial payment to reduce the principal mortgage balance.

What to do if your ex spouse is no longer on the car title?

The Ex spouse that is no longer on the title should sign the car over to the spouse that received the car. .If he wont. contact the secretary of state and apply for a new title .. you will need a certified copy of your divorce judgment. If the Secretary of State will not grant a new title..file a motion in the court to enforce the judgment.

Who should sign over a vehicle title to the spouse?

J. Matthew Catchick, Jr. (Unclaimed Profile) The ex-spouse should "sign over" title to the spouse awarded the vehicle, and then the spouse awarded the vehicle takes the title transfer to the Secretary of State to record it. If the ex-spouse refuses to cooperate, then the spouse awarded the vehicle should file either a "Motion to Enforce" ...

How to get a copy of a divorce decree?

To do that, you go to court knowing what your divorce case's case number is. You will need to go to the courthouse where your divorce action was completed. Tell the clerk at the courthouse that you want to get a certified copy of your decree of divorce and then give the clerk your case number.

Mark L. Alexander

1. If the dissolution decree ordered her to vacate the premises by a certain date, you could bring an action to enforce it, specifically asking the court to order the Sheriff's Office to remove her. 2. If the dissolution decree didn't give her a date to move out, you should consult...

Teresa Lynn Border

If you have been allowing your ex-wife to live with you for 7 months and you have been paying her expenses as well, my question is, why did you get a dissolution? If you really want her to move out, telI your ex-wife she has no legal right to be in your house and tell her to leave.

What happens if you sell your house with one partner?

One partner remains in the home and trades property of the same value. One partner remains in the home and buys the other out of her portion. If you are planning to sell the house, you will need to determine how to share the proceeds.

What happens if you are unmarried and divorced?

But because an unmarried couple is not getting divorced, they will have to address these issues outside of the usual divorce process. So if you are unmarried and splitting ...

Why do unmarried parents need to establish paternity?

Fathers benefit from establishing their paternity because it provides them legal rights to seek custody and visitation with the child. Mothers benefit because it allows them to seek child support from the father.

How much share of a mortgage is paid before the other partner moves in?

If one person paid the down payment or made payments before the other partner moved in, that person may get more than a 50 percent share. The same may be true if only one partner contributed to mortgage payments. Other property division considerations include: Joint bank accounts. Other financial accounts.

Does divorce apply to unmarried couples?

Each state has laws dictating property division, child custody, alimony, and other considerations, but many, if not most, of these divorce laws do not apply to unmarried couples. Discuss your situation with an attorney from Petrelli Previtera before making any decisions.

Can a partner on a deed pay for a mortgage?

In cases like this, the partner on the deed may reimburse the other for mortgage payments, or the partner not on the deed may seek a partition to exercise a right to be reimbursed by the partner on the deed. If both partners are on the deed, then they may seek a partition agreement or proceeding to decide how to split the asset.

Can you file a partition against your former partner?

Artwork and other valuable collections. Furniture. Electronics. While an agreement between you and your former partner is the best bet, a partition proceeding is possible if you cannot reach a fair agreement. To do this, you must file a lawsuit against your former partner and schedule a hearing before a judge who will decide how to split ...