Can I be forced to sell my half of the house?

Yes! In most cases, ANY co-owner (even a minority owner) can force a sale of the property regardless of whether the other owners want to sell or not.

How do I sell my house if one partner refuses?

Involve a judge. If you can't find a workaround that suits both parties, you do have the option to turn to a judge to compel a sale of the home. Once a judge orders a home to sell, you will need to bring in a real estate agent to sell the home, even if one party isn't happy about it.

What happens if one person wants to sell a house and the other doesn't in Florida?

Force a Sale

If you have a compelling reason for wanting to sell, you can ask the court for a partition action. In a partition action on unimproved land or property that is easy to split, the court divides the land into separate parts, giving each part to a single co-owner.

What is it called when you are forced to sell your property?

So, what is eminent domain? Basically, the government can force the sale of private property in the name of public use. For example, if your house is next to a freeway that's scheduled for widening, the government can force you to sell so long as you are paid fairly.

Can a mortgage company force you to sell your house?

When a buyer fails to make the payments due on the loan (defaults on the loan) the lender can foreclose, which means that the lender can force a sale of the home to pay for the outstanding loan. For more information about foreclosure laws: Foreclosure Process - Civil Code section 2924.

CAN I FORCE SALE OF CO-OWNED PROPERTY?

Can I refuse to sell my house?

Rejecting an offer is entirely legal as long as you do it for the right reasons. There are many reasons that are legally acceptable, including low offers and concerns about the buyer's financial position. But sellers cannot discriminate against individuals protected under state and federal law.

Can I prevent my mortgage from being sold?

Can you stop your mortgage from being sold? No, you do not have the ability to stop your mortgage from being sold.

Can a joint owner be forced to sell?

One owner can not force a sale of the entire property without the consent of all. A co-owner can apply to the court for an order a sale in lieu of partition. An application could be made to the court for a partition and/or sales. Courts have the discretion to refuse a sale.

How do I stop a forced sale?

Can a court force a house sale?

Yes. The court can make an order for the matrimonial home to be put on the market as part of the divorce settlement. These types of court orders are known as Property Adjustment Orders. They can require the immediate sale of property – or a deferred sale (eg after any children reach 18).

Do both parties have to agree to sell a property?

Where a property is jointly owned, both joint owners have rights to occupy and both joint owners need to give consent where any action is taken concerning the property, for example, a sale.

What are my rights as a joint homeowner?

If you and your partner are both joint tenants, you both have equal right to live in the property. If you are married and your spouse is the sole tenant, then you still have a right to live in the property through matrimonial rights. Joint tenants cannot force each other to leave the property.

How do you force the sale of a jointly owned property in Florida?

A partition action is commenced to force the sale of jointly-owned property, often real estate. Under Florida law, a co-owner of real property may file a lawsuit against the other co-owners of the property when they cannot agree on how to continue their joint ownership of the property.

Do I have to sell my house if I split with my partner?

If you both want to leave, you can sell the home and split any profits (the 'equity') - you can get help selling your home. You might be able to buy your ex-partner's share if you want to stay, or sell them yours if you want to leave. You'll need a mortgage.

Who pays the bills after separation?

During separation, who pays the bills? As a general rule, household bills should be paid in exactly the same way for the period between separation and divorce, as they were during the course of the marriage. This applies to all the usual types of household expenditure, including: Mortgage/rent payments.

What happens if your ex refuses to sell your house?

If an ex-spouse is refusing to comply completely, then your attorney may file a motion for contempt. This motion will tell the court that your ex-spouse was ordered to sell the house, but is willfully failing to do so.

What is a forced sale called?

A forced sale is a legal process (often called a partition lawsuit) by which the co-owner of a property can accomplished a court-ordered sale of the jointly owned property. The sale occurs under court supervision, ending in division of the property or sale proceeds.

Can a seller walk away from a sale?

To be legally binding, both you and the buyer must sign the real estate contract. You can back out without consequences if the contract is still verbal and has not yet been legally signed.

How long does it take to force a sale?

How long does it take to force the sale of a house? A. Applying for an order of sale can take several months and if there are complications or the courts are particularly busy when you submit your application, it could take a lot longer. It's not uncommon for the entire process to take as long as 18 months.

Can I be forced to sell my share of a house?

How you hold the beneficial interest on trust with your joint owners doesn't stop you from forcing the sale of a property. It will, however, affect the distribution of any income when the property sells.

Can a family owned property be sold without one member's consent?

No, ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court.

Can one person sell a house with two names on the title?

The answer is yes. If your name is on the deed but not the mortgage, it means that you're an owner of the home, but not liable for the mortgage loan and the resulting payments. You aren't legally obligated to pay the mortgage, but someone must pay it to avoid foreclosure.

How can I avoid paying my mortgage and keep my house?

Request a deed in lieu of foreclosure – A deed in lieu of foreclosure arrangement can help stave off financial hardship. Under its terms, you'll give your mortgage lender the deed to your home, releasing you from your mortgage responsibilities and avoiding having a foreclosure appear on your credit report.

What can void a mortgage?

If there is evidence that the mortgage lender engaged in fraudulent practices or coerced the borrower to agree to its terms when forming the contract. Any such actions are illegal and will most likely render the mortgage loan contract as null and void.

Can a buyer take over my mortgage?

When you want to buy a house, you'd ordinarily choose a lender and apply for a brand-new mortgage. But in cases where the house you're eyeing has an assumable mortgage, you can acquire the house by taking over — “assuming” — that existing mortgage. In these cases, you'd take on the seller's remaining mortgage balance.