Can my ex husband make me sell the 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 your spouse make you sell your house?
We often get this question in the context of a divorcing couple. And the short answer is, “Yes.” The court can force you to sell your home because they have the authority to transfer property from one spouse to another or to order property sold pursuant to a dissolution of marriage.
Can I sell a house if my name is not on the mortgage?
Being on the deed only does not require you to pay the mortgage. Being on the mortgage only does not make you an owner. You can’t sell your vehicle until you pay off the loan and get the title; however, you actually can sell or transfer ownership of your realty to someone else whether or not your mortgage is paid off.
Can a husband sell a house on his wife’s behalf?
With a power of attorney, the husband can consent to the sale of the home on his wife’s behalf. In many states, including California, a wife may sign a quit claim deed or a grant deed, which in effect relinquishes her ownership of the home.
Why does my ex husband want to sell the family home?
We started mediation a few weeks ago, and he has given every impression there that he would carry on paying the mortgage and allow us to live in the family home whilst out sons are in FT education.
What happens if one spouse wants to buy another house?
If your name is on the mortgage of the property, then it will likely be very difficult for you to get approved for a new mortgage if you wanted to buy another home. Your mortgage responsibilities will also be reflected on your credit report, which could make it difficult for you to be approved for future loans, such as a car loan.
Why does the seller not want my spouse to sign?
Oftentimes, the seller acquired their property before marriage, by gift or the property was inherited. The reasons that the seller may not want their spouse to sign can vary from simple inconvenience to not wanting an estranged spouse to know what the seller is doing.
With a power of attorney, the husband can consent to the sale of the home on his wife’s behalf. In many states, including California, a wife may sign a quit claim deed or a grant deed, which in effect relinquishes her ownership of the home.
What happens to the house if only one spouse is on the title?
The spouse who is on the title can bequeath the property to someone other than their spouse in the event of his or her death. He or she could, for example, leave the home to their children instead of to you.
If your name is on the mortgage of the property, then it will likely be very difficult for you to get approved for a new mortgage if you wanted to buy another home. Your mortgage responsibilities will also be reflected on your credit report, which could make it difficult for you to be approved for future loans, such as a car loan.
What to do if your husband Can’t Buy you Out of Your House?
If your husband cannot buy you out, then you can ask a family law judge to compel a sale. This will take some time and may require you to hire an attorney to help you with the motion, but if you can get your share of the home’s equity back, then it will be money well spent!