What happens if your spouse refuses to sell your house?

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. Usually, you have to wait for the final divorce trial on all issues to ask the court to divide property.

Why is my ex stalling your divorce?

There are countless reasons a spouse might try to delay divorce proceedings, such as: Unhappiness about the divorce. Desire to make the divorce process as long and difficult as possible. Revenge or punishment.

What is bifurcation in divorce?

California allows what is called a bifurcated divorce, which grants the dissolution of a marriage before all of the other aspects of a divorce are finalized. In order to move forward with a divorce more quickly and avoid slow divorce proceedings, a couple may agree to apply for bifurcation.

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

If you want to sell the house and your co-owner doesn’t, you can sell your share. Your co-owner probably won’t like this option, however, unless they know and feel comfortable with their new co-owner. Co-owners usually have the right to sell their share of the property, but this right is suspended for the marital home.

Can I be forced to sell my house in 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.

Can I get a divorce without my spouse signature?

While you do not have to obtain your spouse’s consent, you are still required to notify your spouse of your intention to get divorced.

Can a spouse sell a house during a divorce?

Selling a house during a divorce Once a spouse files for divorce, typically a Standard Family Law Restraining Order prohibits the sale of the family residence without a court order. Attempting to sell mid-divorce can be tedious and slow down your divorce proceedings, because of increased legal involvement and ongoing asset mediation.

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.

How can I divide my house in a divorce?

If your divorce is amicable, then it will likely be a lot more simple to sell the house and divide other assets. You do have other options. For instance, one person can choose to buy out the share of the other party and get a mortgage to pay for this. Alternatively, other assets can be considered.

What happens to the price of a house in a divorce?

These often involve which spouse the court has appointed to act on behalf of the couple—typically, the spouse still living in the home—the listing price, and when to reduce the price to a certain point. Other decrees can discuss who is responsible for any home repairs and how to get approval for those costs.