Other / May 1, 2019

Can you sell a house if one partner refuses?

If you share ownership with another person, neither of you can sell the property without permission from the other. This isn’t a problem if all the owners agree to sell, but it becomes a big issue when the owners disagree. You can also sell your ownership claim to someone else or ask the court to force a sale.

What happens if I want to sell my house but my husband doesn t?

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.

Can you force a partner to sell a house?

If the property owner wishes to sell it, they would have to obtain the consent of their spouse or civil partner. The only way in which a spouse or civil partner can remove his or her former partner from the family home is to raise a court action and seek an exclusion order.

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

There are two methods which are best when it comes to answering how to sell a house when one partner refuses; either buy your partner out and sell the property when you own it outright or come to an agreement to sell the property together and split the money made from the sale.

What happens if 2 people own a house and 1 wants to sell?

You can obtain a court order to sell a co-owned property if the court finds you have a compelling reason to sell. This is called a partition action. The court can’t divide a house in half, so instead, it can force owners to sell, even if they’re unwilling.

What do I do if my ex doesn’t sell my house?

What do I do if my ex won’t sign to sell our house? You cannot force a sale, but you can try to come to an agreement with them, by either buying them out or selling them your part of the property. If you’re currently dealing with a divorce, dealing with your shared belongings can become hard work very quickly.

Do both parties have to agree to sell a house?

Joint ownership of a property simply refers to two people who each have a share in their property. Typically, if one person wants to sell the property then both parties need to agree in order for the sale to go ahead without having to involve the Courts.

What happens if your ex refuses to sell your house?

Can I ask my partner to leave the house?

If your partner is not willing to leave the property, you may need to ask the court for an occupation order to ask them to leave. You cannot be evicted without an order of the court, however, it may be difficult for you to delay or stop an eviction in these circumstances, even if you have young children.

How do you beat a partition action?

Here are some of the most common ways to win a partition suit:

Getting bought out at a fair price.
The property being sold on the open market.
Getting a co-owner to move out of the property so it can be rented.
Getting reimbursed for the funds you put into the property.

Can my wife force me to 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. Usually, spouses trying to force a property sale need to free up the capital so they can find a property of their own. Therefore, this is sometimes an agreeable solution for both parties.

Can I force my partner to sell the House?

If your partner refuses to sell the house and refuses or is unable to buy you out, you can force a sale. Be warned though, this can take a long time and become very expensive.

What happens if my ex-spouse refuses to sell the 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. A motion for contempt is essentially asking that the court punish the ex-spouse for not living up to the divorce decree.

Can my ex-partner force me out of the House?

All of your monies, such as business interests, savings and capital are regarded as matrimonial assets and will often be split 50:50. 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.

How to sell a house when you’re tenants in common?

How to sell a house when one partner refuses and you’re tenants in common 1 Ask your partner to buy you out 2 1 Ask your partner to buy you out. Unless your partner has a lot of free cash they will probably need to borrow the funds to buy you out. 3 Force a sale 4 2 Force a sale