Can my ex sell the house without me?

What Happens If Your Ex Sells Your Home? Your ex can't legally sell your co-owned home without permission. Generally, what happens in the case of a divorce (or a separation) is that you will transfer the deed to one of you, or you'll sell the house together. The negotiations are the important factor.
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Can I sell my house without my wife knowing?

In community property states such as California, a husband can never sell a home obtained during the marriage without his wife's consent.
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Can you sell a house without your spouse?

Whether you can sell your home without your spouse's signature depends on whether they have a legal claim to property ownership. If your spouse's name is on the deed to your house, you will need their signature. If it is not on the deed, you may or may not need it, depending on your state's specific laws.
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What happens if one person wants to sell and the other doesn t?

You may have no other choice but to go to court to force a sale. The proceeds of the house sale may go toward paying your mortgage off and you can walk away. However, if you transfer ownership in another way, you'll need to ensure that the remaining co-owners are willing and are able to refinance the loan without you.
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What happens if ex refuses to sell house?

Your attorney will file a motion with the Court alleging that your ex is refusing to comply with the terms of the agreement. The Judge will have a hearing and determine if that is indeed true. Usually fines are instituted to coerce cooperation, but jail time is a possibility in certain circumstances.
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What happens to your mobile home if you get evicted???



Can the court make my ex 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. 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.
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Can you sell a house if one partner refuses?

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. Unless your partner has a lot of free cash they will probably need to borrow the funds to buy you out.
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Can one partner force the sale of a house?

Unless you agree to voluntarily sell the property your partner cannot force a sale. However, they can apply to the court for an order for sale of the property. The court will take into account a number of factors regarding your circumstances and whether the property is a family home to dependent children.
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Can I be forced to sell a jointly owned house?

In cases of joint ownership or tenancy, neither can remove the other unless an exclusion order is obtained from the court. If one spouse or civil partner wishes to sell the family home and the other does not, then an application will need to be made to court.
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How do you sell a jointly owned house when one partner refuses?

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.
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Do both parties have to agree to sell a house?

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. Read on to discover your legal rights and how to handle a joint ownership property if you, or your joint partner, want to sell.
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Do you need both signatures to sell a house?

If both owners are named on the mortgage then the law is clear that both owners have to sign to sell a house. Under some circumstances you may be able to sell your property without the permission of your partner, however it would have to be through a court of law.
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How can someone sell your house without you knowing?

Property fraud takes place when fraudsters try to 'steal' a property, most commonly by stealing the homeowner's identity and selling or mortgaging the property without the owners' knowledge. The fraudsters then disappear with any capital gain leaving the genuine owner to deal with the unfortunate consequences.
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How do you avoid selling your house in a divorce?

In many cases, the simplest way to keep the house in a divorce if it still has a mortgage is to refinance. The best-case scenario is for you to refinance and remove the mortgage from your ex's name altogether. You'll need to qualify for the mortgage on your own, so make sure to have all your financial ducks in a row.
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Do I have any rights to my partners house?

Generally speaking, when your partner moves into your home, the ownership of your possessions, savings, and investments are unaffected. If you owned something before your partner moved in, it continues to be solely your property.
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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.
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What happens to your house when you split up?

If you're not married or in a civil partnership, you can ask the court to decide what happens to your home. The court will usually divide your home's value between you according to the shares you own. If you have children, you might be able to ask the court to delay selling your home until your youngest child is 18.
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Can a joint property be sold by one owner?

1. A co-owner of a property is capable of selling his/her undivided share in the property provided the purchaser is willing to make a purchase in the said manner. the only other way is to partition a property, either through court or through a partition deed and then affect sale of divided property. 2.
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How can I get my ex out of my house legally?

In order to legally force your partner to leave the family home to ensure they do not return you will need to obtain an exclusive occupancy order from the court. These orders are only made in circumstances where there are threats, domestic violence or safety concerns for either party or the children.
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How do you sell your house after a break up?

How the home can be divided
  1. Sell, split the money and move elsewhere separately.
  2. One of you buys the other out.
  3. Transfer some of the property value to the other partner. ...
  4. Keep the home and rent it out – This is fine if you are on good terms with each other, but can be quite complicated if the relationship has become sour.
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Can you sell house without deeds?

In short, yes you can sell your house without the deeds, however you must be able to prove through other means that you are the owner of the property. As the deeds are the assortment of documents which usually prove ownership, proving it without them can be a more protracted process, but it is by no means impossible.
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What is house hijacking?

'House hijacking' is a crime where owners have had their homes or investment properties sold - or 'hijacked' - without their knowledge. The industry is much more aware about the issue, with solicitors firms responding by enhancing how they verify clients' identification and proof of ownership.
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Can you remove someone from a deed without their knowledge?

In general, a person cannot be removed from a deed without his or her consent and signature on a deed.
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Do I need a solicitor if my ex partner is buying me out?

Do I need a solicitor to transfer equity? Whilst you can complete parts of the process yourself, you will need a transfer of equity solicitor, or transfer of title solicitor, for some parts of the transaction. If you are buying another owner out, you will need independent legal advice.
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What documents do I need to sell my house without an agent?

To maximize gains and preempt any pain, round up these documents before you list for a seamless selling process and closing.
  1. Original Sales Contract. ...
  2. Mortgage statement (payoff amount) ...
  3. Homeowners insurance records. ...
  4. Homeowners Association (HOA) documents. ...
  5. Home repair and maintenance records. ...
  6. Receipts for capital improvements.
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