Can you force your ex wife to sell the marital home?

Answer 1

Yes. In most cases a judge can order the sale of a home when deciding the division of marital property. Generally each spouse is offered the option of refinancing the property under their own name. If an equitable arrangement cannot be made between the divorcing couple the property is usually partitioned according to state dissolution of marriage laws.

Answer 2

• You would be wise to see a lawyer. This situation can be complicated due to previous divorce proceedings as to whom gets what and especially if children are involved because often the wife may be able to stay in the home to raise the children. If there are no children; there was nothing stated at the time of divorce about the house then she would have to pay half of what the house in worth to you, but it is a must to seek legal help.

Answer

You need to review your divorce decree and separation agreement. The marital home should have been addressed as part of the divorce proceedings. If it wasn't then your attorneys did not do the job they were paid for.

If the disposition of the marital home was not addressed at the time of the divorce one party can force the sale by filing a petition to partition the property. The court will generally allow a partition as long as the property is not the home of the former wife and minor children. You should try to negotiate the sale of your interest to your ex wife if she desires to keep the property. A partition can be expensive and much of the value of the property will be taken for legal fees and costs before the net proceeds can be divided between the owners.

When real property is under co-ownership of two or more people who cannot agree on what to do with the land, any owner can file a Petition to Partition in the appropriate court.

The court can divide the property if that is feasible such as when there are multiple tracts or a single large tract. If dividing the property is not feasible then the court can order a sale and the net proceeds are divided according to each owner's interest (usually 50/50) after the costs and expenses associated with the Partition have been deducted. Those costs include hiring a real estate company to market and sell the property, paying the fee of the court appointed commissioner charged with the task of selling the property, any legal costs and fees, any costs associated with repairs necessary to pass a mortgage inspection, etc. You should consult with an attorney who specializes in real estate law.

Answer 3

Quite possibly, that's what the judge is for!