Trying to sell a home when you and your spouse don’t see eye to eye may be a trying experience. It might be challenging to work together in the event that one spouse decides to sell the residence.
This article discusses what you may do if your spouse or partner is refusing to sell a property
The problem of selling a home when one spouse won’t agree to do so and how to fix it
If you and one or more others own a home jointly, each of you has equal say in managing the property and deciding whether or not to sell it. One party’s refusal to sell the home, though, might halt your plans in their tracks.
You have a few potential courses of action under the law:
- Getting a ruling from a judge
In the event that you and your spouse are unable to come to an agreement over the sale of your home, you may be entitled to seek a judge’s order to do so. A ‘forced sale’ occurs when a judge orders the transfer of property from one party to another when he or she finds that doing so is in everyone’s best interests.
Although a court order may be obtained by either joint or tenancy in person owners, the subsequent processes can be time-consuming and confusing. Since the property is in either of your hands on the titles, the court will have to take into account the property’s worth, the rights of the founder, and any other circumstances pertinent to the case.
- Disposing of your portion of the property
If you and your partner both own a portion of the house but neither of you intends to sell, you might be free to sell the portion to a 3rd person. Your partner does not have to agree to the sale of their portion of the property if you file a “partition action” to do so.
Tenants in the joint are the only ones eligible for this choice. Here, you’ll learn the steps of buying out your co-tenant.
- Trying to Find a Middle Ground
A third party mediator may help you and your spouse work out your differences if you two can’t settle the issue on your own. If you and your dispute’s other side can’t seem to talk to one other, a mediator may be able to assist. Counselling may be helpful for couples and civil unions as well
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