File a suit in the appropriate local civil court to request an order of partition. That order will force a sale of the house despite your ex's resistance. You should ask the court to include in the order a provision that your ex can avoid the sale by paying your for your interest in the house.
You both own it and you both are responsible for the mortgage. You can negotiate to come to an agreement as to who stays in the house, or will it be sold. You can negotiate on who pays the mortgage, or if it is split, although that's a very poor idea.
Depending on the situation, and with a lot of caveats, the answer is yes. There is a possibility that you could sue for specific performance, meaning, an order from the court to complete the sale as agreed.
When negotiating a situation where one spouse can buy out the other spouse is impossible, a court order to sell the house might be necessary. The court-ordered sale process begins with one party filing a partition action. Once the court issues the sale order, the property is: Appraised.
If a couple cannot agree on what to do with the house, however, a judge will decide after hearing arguments from each individual. Usually, the judge will order the sale of the house and splitting the sale proceeds.
For a community property in California, it depends upon when and how their spouse acquired the property. The law asserts that all property purchased during the marriage, with income that was earned during the marriage, is community property.
The buyer can sue a seller who cancels a home sale in a way not allowed by the purchase and sale contract. It's always a good idea to consult with a real estate attorney before deciding to cancel a sale you've agreed to.
Here in California, homesteading protects you up to $300,000 of your property value. If your property is perhaps valued at $400,000, this is an area you'd really need to consult with a lawyer about if the lawsuit would exceed the $300K homestead protection.
The legislators don't want you dragging the seller into court 20 years after the sale, when no one recalls what happened and evidence might be long lost. Most statutes of limitations are somewhere between two and ten years, but this will depend on where you are and what type of claim you have.
When you separate from your partner and have a joint mortgage, you are both liable for the mortgage until it has been paid off in full. Bear in mind that this is regardless of whether you still live in the property or not. You will need to make sure you keep up with any repayments you are legally obliged to make.
Unmarried couples do not go through divorce like married couples do if they split. As long as unmarried partners can agree on how to divvy up any assets, there's generally no need for lawyers or courts.
What can I do if my ex will not leave my home? If the house legally belongs to you (your name is on the title and it is not considered marital property), then your ex typically has no right to stay.
A network attorney could help you draft a demand letter indicating what you, the member, would like back. If the letter doesn't work, and depending on the value of personal property, your attorney could help you prepare for small claims court or a similar court with limited jurisdiction.
If you both bought the house or added one person's name to the title later, you both have equal rights. It is common for one spouse to offer a buyout of the remaining mortgage. If money is a concern, you have options to keep the house after your ex leaves.
If you truly have no assets and limited income, you might be considered "judgment proof." This means that even if the other party wins the lawsuit, they may not be able to collect any money from you. However, being judgment proof doesn't prevent the lawsuit from proceeding or a judgment from being entered against you.
However, once you enter into a purchase agreement, you do have an obligation to see the home sale through. If you break the sales agreement without a valid legal reason for doing so, the buyer can take you to court to enforce specific performance of the purchase contract.
Unless you take steps to protect them, most assets are not protected in a lawsuit. One of the few exceptions to this is your employer-sponsored IRA, 401(k), or another retirement account. At Bratton Estate and Elder Care Attorneys, our lawyers recommend putting an asset protection plan in place before you need it.
You can take down the for-sale sign, terminate your listing agreement with your agent, and remove online evidence of your listing so long as you haven't already gone under contract with a buyer. It's your house — you can sell it. Or not sell it.
For example, a seller might lie about a known issue with the property, such as foundation problems, in hopes of securing a sale. Negligent Misrepresentation – In this case, the misinformation is provided unintentionally but results from a failure to verify facts.
Generally, your contract with your agent is bound to a certain time period. Unless your contract says otherwise, you are typically not required to pay your selling agent if the contract expires and your home doesn't sell.
In many cases, the spouse can inherit your house even if their name was not on the deed. This is because of how the probate process works. When someone dies intestate, their surviving spouse is the first one who gets a chance to file a petition with the court that would initiate administration of the estate.
39;California is one of only a few states that considers marital property to be communal, meaning it belongs equally to each spouse, regardless as to how the item, asset, or property was actually obtained.
In California, the state follows a 50/50 law, which means that any assets that were acquired during the marriage are split equally between both spouses. While this may seem like a fair approach to asset division, it can create problems for individuals who want to keep what's theirs.