What are my options if my husband doesn't want to sell the house? - Divorce Law Questions and Answers- LawQA.com

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What are my options if my husband doesn't want to sell the house?

He doesn't want to sell the house. He wants to keep it for himself. I want some money from it and I will let him keep it. Can I do that?

Answer By Cathy R. Cook
The Law Office of Cathy R. Cook
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You are entitled to one-half of the marital equity in the house. You can have your husband refinance and pull out equity to pay you or give you his share of another asset. If there are insufficient assets for this, it will have to be sold.

Answer Applies to: Ohio
Replied: 10/26/2012


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Yes, you can do that. However, I would advise you to have the agreement in writing, with both of your signatures Notarized, to insure compliance on both sides.

Answer Applies to: Utah
Replied: 10/25/2012


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Yes, you can do that. I would require him to pay you the amount of money you want before you will sign any deeds transferring the property to him.

Answer Applies to: Alabama
Replied: 10/24/2012

Answer By Anne B. Howard

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The court would order it sold. You can work with an attorney to figure out options that give you some cash and protect your interests. Your husband is protecting his interests not yours.

Answer Applies to: California
Replied: 10/24/2012

Answer By John Russo

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I am guessing you have already filed a divorce petition if not, there is nothing you can do until you file. If you have then you buy him out or he buys you out or the house goes on the market not hard.

Answer Applies to: Rhode Island
Replied: 10/24/2012

Mediation Services of Southwest Florida
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Yes you can. I would suggest you get a professional appraisal done. Depending upon certain conditions you may be entitled to of the equity. In other words, if the appraisal comes back at say $200,000 and there is a mortgage and note in an amount of $100,000 there would be equity of $100,000. If you owner of the house, it would seem that you would be entitled to $50,000 to sign over your half. If however you are upside down on the house you may be responsible for of the difference between the debt and market value.

Answer Applies to: Florida
Replied: 10/24/2012

Answer By Frances Headley

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You can bring a motion for him to pay you your portion of the equity or for the property to be sold. You should consult a family law attorney or facilitator to assist you with the paperwork.

Answer Applies to: California
Replied: 10/24/2012

Answer By Victor Varga

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You have 2 options: 1) he buys out your interest; or 2) you force a sale.

Answer Applies to: Maryland
Replied: 10/24/2012

R. Jason de Groot, P.A
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He should pay you for your interest in the house if he wants to keep it.

Answer Applies to: Florida
Replied: 10/24/2012


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You are entitled to 50% of the community property interest in any equity in the house. If the house was purchased during the marriage with only community property funds, you are entitled to 50% of any equity that exists. The Court can order a sale of the house, Then if Hubby wants it, he would have to buy you out.

Answer Applies to: California
Replied: 10/24/2012

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