Who gets to stay in the house during separation?
Access to marital home during separation Where the home is in one persons’ name only, the other may still be entitled to stay, even if the owner objects.
If the couple are married, the spouse not named as owner still has a right to stay in the home and ‘occupy’ it..
Can I sell my house if my partner doesn’t want to?
If you want to sell and your partner doesn’t (or vice versa), one person can begin an action of division and sale in court. However, the other party can petition the court to a division of the proceeds, or to buy the place at a market price or one decided by the court.
Can my spouse make me sell our house?
Brette’s Answer: Generally, the only way a spouse can be required to sell the home is if the judge orders him to, and even if the court decided the home needed to be sold, the person wouldn’t have to accept any offer. You should speak to your attorney.
Can I be forced to sell a jointly owned property?
Forcing the Sale of a Jointly Owned property Selling a co-owned property or land can be stressful, especially when the other legal owner (s) disapprove the sale. … Upon the granting of the order for sale by the court, the legal owner can force for the sale of the jointly owned property.
Can you sell a house without the other person’s consent?
If you own a home, you can make the decision to sell it at any time. … 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.
How do I buy out my partner from our house?
To remove your ex-partner from the original mortgage agreement and the Title Deeds, you’ll need to complete a Transfer of Equity. This means that you’ll be the sole owner of the property and agree to pay your partner their share of the equity in the property following a valuation.