In short, to force the sale of jointly owned property, you must first confirm title,
then attempt a voluntary sale or buyout, file and serve a partition lawsuit
, get an appraisal, sell the property, and finally divide the sale proceeds fairly.
If you own property in
joint tenancy, then you may sell your share to anyone you choose
. The other owner can't stop you, even if the other owner objects. … In joint tenancy, the survivor inherits the deceased owner's share. But, in tenancy in common, when one owner dies, the deceased owner's heirs inherit his share.
Can a joint property owner force a sale?
There are many ways to become a co-owner of real estate, but unless all co-owners agree to sell, there is only one remedy under the law:
to force the sale of a property with a complaint for partition by sale
.
Can you sell a house if one partner refuses?
Yes. When it comes to real property, courts can order a sale. … If one spouse refuses to sell the home,
the other can head to court and file a motion (legal paperwork) asking a judge to order that the house be listed for sale immediately
.
How do you dissolve joint property ownership?
To completely dissolve the ownership of both parties in the property
you must sell it
. Draw up an agreement that outlines your terms in writing to avoid disagreements in the future and ask a lawyer to review the contract. Advertise the property for sale. Set a price along with the other owner.
What happens if only 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 my ex stop me from selling the house?
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
.
Can my ex refuse to sell our house?
You may decide to sell your property without the consent of your spouse
. When accepting an offer, you'll need signatures from everyone on the grant deed. Some real estate agents will even take your listing on this basis, requiring only one signature on the agreement. …
What happens if one person wants to sell a house and the other doesn t?
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.
Can I force a co-owner 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. … The court can't divide a house in half, so instead, it can force owners to sell, even if they're unwilling. Profit or loss from the sale is divided among the owners based on their stake.
Can I sell my house if my wife doesn't want to?
In community property states such as California,
a husband can never sell a home obtained during the marriage without his wife's consent
. … However, if the husband obtained the home before the marriage, he may be able to sell it on his own, depending on whether his wife's name is on the title.
What rights do I have if I split up with my partner?
Unmarried couples do not generally have any property rights in
the other partner's assets if they split up. Unlike married couples, unmarried couples are not subject to various property laws. This means that if the couple splits up, they will likely retain only their own property.
How do I get rid of a house that won't sell?
- Short Sale. If you owe more than your home is worth, you may consider doing a short sale in which your lender accepts less than your mortgage balance to pay off the loan. …
- Foreclosure. …
- Lease Option. …
- Sell Below Market Value. …
- Employment Relocation Program.
Can I sell my half of the house?
The court can't divide a house in half, so instead,
it can force owners to sell
, even if they're unwilling. Profit or loss from the sale is divided among the owners based on their stake.
How do I buy my ex out of the house?
How do you buy out a house in a divorce? With a house buyout, you have two main options: paying the remaining balance and equity in full in cash, or
refinancing your mortgage
and using the equity to buy out your ex-spouse. You can buy your ex's share of the equity straight out if you have enough cash on hand.
Is my wife entitled to half my house?
Under California Community Property Law, the short answer is
likely YES
, even if your spouse was never added to title. This may seem surprising to you, but this result is based on the general premise of California Community Property Law that anything earned by either party during marriage is 100% community property.
