Do I have to sell my house?
My husband is not living with us for many years, and now he want me to sell the house and divid the money. Since he didn’t full fill his duty as a husband and father from 2002, do I have to sell the house and share money with him?
- Anonymous4 weeks ago
You really need a real estate attorney & a family law attorney. Since 2002? Why didn't you divorced him? Has he given you money, has he made the house payment? You've needlessly complicated things. Go call an attorney. Do it now.
- EvaLv 74 weeks ago
Did you ever divorce him? If not, this is the time. The possession of the house would come up during the property settlement phase. If you have been paying the mortgage, taxes, and maintenance for the last 17 years with no help from him, he doesn't have much equity in the house. He might have a claim for the downpayment and payments he made. You need to consult with an attorney. He could file a partition lawsuit to force you to sell the house. You want to avoid that if at all possible.
- Beverly SLv 74 weeks ago
So you both jointly own the home together, are still legally married correct? The fact that he didn't do his duty as a husband/father means nothing here. The law states you both own property. A judge could order the sale. Hubby can't sell without you signing the docs unless there is a court order... If you are not on the Deed/note he can sell without you in some states.Source(s): Mortgage lender 33 years.
- realtor.sailorLv 74 weeks ago
Are you both on the title? If not then it's his decision. If you're on the title then buy him out. If that's not possible then it will take a partition suit to settle the matter.
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- sunshine_melLv 74 weeks ago
If he co-owns the house, he can ask you to sell so you can split the proceeds. You can also buy him out.
If you don't agree, he can force it via the courts (not a quick or cheap option, but an option nonetheless)
His life choices don't change the property ownership
- babyboomer1001Lv 74 weeks ago
The house is in both of your names - the marital house, right? So why wouldn't you have to sell it and split the proceeds? Either do that or expect lawyers to eat away at all of the equity in the house and they will be the only winners. You and your ex will both lose. Expect that since you have lived there and he has not, since 2002, he may require a portion of rent go to him. He would be entitled to it.Source(s): Certified Paralegal, with 25+ years' experience.
- Anonymous4 weeks ago
You may have to, but not because your husband (co-owner) says, but because the judge presiding over the divorce orders you to do so. In most states applying fault to the dissolution of marriage is not an applicable liability. On the flip side, depending upon the state, if you have been paying the mortgage since his abandonment, your share should be larger. Get a lawyer.
- curtisports2Lv 74 weeks ago
If you never obtained a divorce and a divorce settlement that dealt with the house, and he is on the deed of title, then he is entitled to his share of the equity - the fair market value minus any debt on the house. You don't have to sell. You can buy out his equity share and keep the house. If you refuse, or cannot afford to, he can file a partition lawsuit to force the sale.
Before you even think of buying him out or selling, you should have a discussion with a good divorce attorney. If he has been out of the picture since 2002, you may have a good argument for reducing his equity share to something less than 50%.
- JudyLv 74 weeks ago
What did your divorce papers say? It's for a judge to decide.
- John AldenLv 74 weeks ago
Sounds like one for the lawyers and courts. You can't cut him out entirely, but maybe reduce is share.