What are my options if my husband doesn't want to sell the house? 17 Answers as of May 21, 2013

He doesn't want to sell the house. He wants to keep it for himself. I want some money from it and I will let him keep it. Can I do that?

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The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
You are entitled to one-half of the marital equity in the house. You can have your husband refinance and pull out equity to pay you or give you his share of another asset. If there are insufficient assets for this, it will have to be sold.
Answer Applies to: Ohio
Replied: 10/28/2012
Pollock & Associates LLC | Candice Ragsdale-Pollock, CWL
Yes, you can do that. However, I would advise you to have the agreement in writing, with both of your signatures Notarized, to insure compliance on both sides.
Answer Applies to: Utah
Replied: 10/26/2012
James Family Law Firm, P.C. | Amber Yerkey James
Yes, you can do that. I would require him to pay you the amount of money you want before you will sign any deeds transferring the property to him.
Answer Applies to: Alabama
Replied: 10/24/2012
LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
The court would order it sold. You can work with an attorney to figure out options that give you some cash and protect your interests. Your husband is protecting his interests not yours.
Answer Applies to: California
Replied: 10/24/2012
John Russo | John Russo
I am guessing you have already filed a divorce petition if not, there is nothing you can do until you file. If you have then you buy him out or he buys you out or the house goes on the market not hard.
Answer Applies to: Rhode Island
Replied: 10/24/2012
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Yes you can. I would suggest you get a professional appraisal done. Depending upon certain conditions you may be entitled to of the equity. In other words, if the appraisal comes back at say $200,000 and there is a mortgage and note in an amount of $100,000 there would be equity of $100,000. If you owner of the house, it would seem that you would be entitled to $50,000 to sign over your half. If however you are upside down on the house you may be responsible for of the difference between the debt and market value.
    Answer Applies to: Florida
    Replied: 10/24/2012
    Law Offices of Frances Headley | Frances Headley
    You can bring a motion for him to pay you your portion of the equity or for the property to be sold. You should consult a family law attorney or facilitator to assist you with the paperwork.
    Answer Applies to: California
    Replied: 10/24/2012
    Victor Varga | Victor Varga
    You have 2 options: 1) he buys out your interest; or 2) you force a sale.
    Answer Applies to: Maryland
    Replied: 10/24/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    He should pay you for your interest in the house if he wants to keep it.
    Answer Applies to: Florida
    Replied: 10/24/2012
    The St. John Firm | Stephanie Roberts St. John
    You are entitled to 50% of the community property interest in any equity in the house. If the house was purchased during the marriage with only community property funds, you are entitled to 50% of any equity that exists. The Court can order a sale of the house, Then if Hubby wants it, he would have to buy you out.
    Answer Applies to: California
    Replied: 10/24/2012
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend that you discuss with your own divorce lawyer the idea of him refinancing and borrowing against the property to pay you your share of the equity, along with discussing all your rights. Good luck.
    Answer Applies to: Georgia
    Replied: 10/24/2012
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    Yes. A common settlement is for one spouse to pay the other spouse a dollar amount representing that spouse's share of the interest in the home.
    Answer Applies to: Washington
    Replied: 10/24/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    If you and your husband cannot agree about what to do with the house, a judge will have to decide after hearing arguments from each of you. Assuming there is any substantial equity value in the house, it is possible that the judge could order him to buy you out as an alternative to forcing a sale and splitting the sale proceeds. That will depend, in part, on how much a buyout cost is, and whether or not he can pay it.
    Answer Applies to: Colorado
    Replied: 10/24/2012
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    If there is an agreement, he can keep the house and "buy out" your share of the equity. I recommend you consult with an attorney regarding the details of this type of agreement and whether it is in your best interests.
    Answer Applies to: Arizona
    Replied: 10/24/2012
    Mary W Craig P.C. | Mary W Craig
    If you are getting a divorce, and your husband wants to keep the house rather than selling it and splitting the money, then you are completely justified in asking the marital estate to reimburse you for your contributions to the house, whether that be in co-mingled money used to pay the mortgage payments, or whatever improvements you have made to the house. The judge must make an equitable settlement but equitable doesn't mean equal.
    Answer Applies to: Alabama
    Replied: 10/24/2012
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    Yes.
    Answer Applies to: Alabama
    Replied: 5/21/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, assuming you are getting divorced I suggest you engage an attorney and do this right.
    Answer Applies to: Michigan
    Replied: 10/24/2012
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