Feature Article
When Love Ends, The Battle For The House Begins
Breaking up is hard to do. But when you own a property with your ex-partner, an already tough situation turns into a nightmare. One of the most common issues that arise during a separation is the division of assets, and one of the most disputed is the family home. It's not uncommon for a spouse or domestic partner to refuse to sell the house, forcing the other party to seek legal advice and look for ways to resolve the issue.
What Can You Do If Your Ex Refuses To Sell The House?
It's important to understand your legal rights when you find yourself in this situation. Fortunately, there are several options available, and it's not always necessary to go to court. Here are some of the ways you can resolve the issue:
Option 1: Negotiation
If possible, it's always best to try and reach an agreement outside of court. This not only saves time and money but also helps you maintain an amicable relationship with your ex-partner. Negotiation can involve various options, such as offering to buy out your ex's share of the property, agreeing to a sale price that works for both of you, or establishing a timeline to list the property for sale. A family law attorney can help you understand your options and negotiate on your behalf.
Option 2: Mediation
If you're having trouble reaching an agreement through negotiation, you may want to consider mediation. A mediator is a neutral third party who can help facilitate a conversation between you and your ex-partner. They can help you identify your goals, find common ground, and work toward a resolution that works for both parties. The main benefit of mediation is that it's a confidential process that allows you to maintain more control over the outcome compared to going to court.
Option 3: Court Proceedings
If negotiations and mediation fail to resolve the issue, your only recourse may be to take the matter to court. This is often the most expensive and time-consuming option, but it may be necessary if your ex is unwilling to cooperate or is acting unlawfully. Your family law attorney can guide you through the court process and present your case in front of a judge, who will ultimately decide on the outcome. Keep in mind that court proceedings can be emotionally draining and stressful, and they also come with no guarantees.
Option 4: Unilateral Action
If you're at your wits' end and believe that your ex is acting unlawfully, you may want to explore unilateral action. This typically involves seeking a court order that forces your ex-partner to sell the property. You will need to provide evidence that shows your ex is acting unreasonably or is causing financial harm, such as refusing to pay the mortgage or maintenance costs. While this option is available, it's often a last resort and should only be pursued after consulting with a family law attorney.
Option 5: Legal Separation
If you're not yet divorced and you and your ex-partner can't agree on what to do with the family home, you may want to consider getting a legal separation. This essentially creates a legal structure that allows you to live separately while still being legally married. A legal separation can help you resolve property and child custody issues. It can also help you determine what will happen to the family home if you decide to get divorced.
Option 6: Partition Action
If you and your ex-partner own the property as tenants in common, you may want to consider a partition action. This is a legal process that allows you to force the sale of the property, even if your ex doesn't agree. A partition action can be an expensive and time-consuming process, but it may be necessary if you're unable to reach an agreement any other way.
Option 7: Buyout Your Ex's Share
If you're determined to keep the family home, you can always consider buying out your ex's share of the property. This involves negotiating a specific buyout amount and paying the funds to your ex either in a single lump sum or through a payment plan. If it's not possible to come up with the funds on your own, you may need to consider refinancing the mortgage or applying for a loan.
It's important to consider your financial situation and to seek legal advice before making any major decisions about the family home. Remember, there are options available; it's just a matter of finding the one that works best for you and your ex-partner.
For more information about dealing with the issue of an ex-partner refusing to sell a shared property, contact De Novo Law at 480-802-8232. Our team of experienced family law legal paraprofessionals can help you understand your options and work toward a peaceful resolution.
Ex Refuses to Sell the House - Options
