No you cannot sell the house without his permission. He has to sign the forms just like you do. You can retain a real estate lawyer to do the closing and get your spouse to agree that the money will be held in trust by that lawyer until the legal issues between the two of your are sorted out.
Yes of course. That should have been taken care of in the property settlement The ex-wife would have been a co-owner with her husband and would be able to claim that part ownership for herself. Usually, the property is sold and her share paid out unless the husband can come up with the money to buy her share.
However, in a community property state (like California) – and even some states without community property laws – a home purchased during the marriage is considered marital property, regardless of whose name appears on the deed.
Yes, the judge can force the sale of the home. Regardless of how the home is deeded, if it was purchased during the marriage, it is marital property. Effectively, the court could have ordered the sale during the divorce, but instead gave you an opportunity to refinance if possible.
If your ex-spouse delays the sale of your house, it is important to have an experienced family law attorney on your side. You may need to go back to court several times to get your ex-spouse to comply with the court's order to sell. This can take months.
Although the out-spouse does not get any equity from the house at the time of the divorce because no sale or buyout has happened, this is offset by the fact that they get to continue to share in any appreciation the property experiences while they still own it.
If you are not on the mortgage for whatever reason, you are not liable for paying the mortgage loan. That said, you get your spouse's interest in the property if they die. However, if you default on mortgage payments, the mortgage lender has the power to foreclose on the home and evict you.
A: Due to California's community property division model, a home purchased during a marriage belongs equally to both spouses. Therefore, without a written agreement, one spouse cannot sell the home without permission.
If Your Spouse Isn't Paying the Mortgage
The bottom line is that your soon-to-be ex remains just as financially responsible for your shared mortgage as he or she was before (even if only you are living there while your divorce is pending).
If you are married or in a civil partnership
If you are married/in a civil partnership and are not on the mortgage, you can apply for a Matrimonial Homes Rights Notice. This will give you some occupation rights but will not provide you with any ownership rights.
The court may impose various penalties on your ex, such as fines, jail time, or even modification of the original decree to better enforce its terms. An experienced family law attorney can guide you through the legal process and help you achieve the desired outcome.
An estranged wife has legal rights related to marital property, child custody, and support. Depending on the circumstances of the separation, she may be entitled to financial support, a share of marital assets, and custody of any children.
If they have a power of attorney from the owner to sell the property that would be fine. If they sell the property without any legal authority to do so this would be fraud.
The time you have to sell your home after a divorce depends upon the specifics of your situation. For instance, your divorce settlement may dictate a specific timeline for selling the property. Outside of those stipulations, it's typically best to complete the sale within three years of the divorce.
If the property is not in your name, you will need to determine if you have the legal right to sell it. This could be the case if you are the executor of an estate, the power of attorney for the owner, or if you have a valid contract or agreement with the owner giving you the right to sell the property.
In a California divorce, a couple's community property will be divided between them (either as part of their settlement agreement or by the judge after a trial). Each spouse will usually keep their own separate property.
Yes, you can refuse an appraisal in a divorce. This is especially true if you think it is inaccurate or unfair. But, refusing the appraisal amount may lead to more talks. These could be negotiation, mediation, or even a lawsuit to resolve the disagreement.
Because California is a community property state, if the couple bought the house while they were married, they both have an ownership stake in it, and neither can compel the other to leave.
In the states with community property laws, all assets, including houses, cars, jewelry, etc., are divided in half between the spouses. It means that if you bought a house during your marriage, it qualifies as jointly owned, even if only your name is on the title or deed.
The short answer is: You, the homeowner, typically hold the deed to your house, even when you have a mortgage.
You can take legal action against them for breaching the agreement you both made or seek a court order to force the sale of the property. It's important to consult with a lawyer to understand your legal rights and options and to make the best decisions for your situation.
When seeking a finding of contempt, you can seek remedial orders, which could include additional orders designed to ensure that sale of the home occurs. Specifically, you could seek remedial sanctions requiring him to vacate the home and give you full authority to deal with the sale.
If only one spouse signed the mortgage and the promissory note, they would be the only person responsible for the associated debt after a divorce. The other spouse would be free from collections efforts by the lender if a foreclosure results in a deficiency judgment.
Essentially, any assets or property that you and your spouse have acquired during your marriage with some exceptions are considered community property and will be divided equally during the divorce process. This includes everything from your house and car to your savings accounts and retirement funds.