Unless you agree to voluntarily sell the property your partner cannot force a sale. However, they can apply to the court for an order for sale of the property. The court will take into account a number of factors regarding your circumstances and whether the property is a family home to dependent children.8 Apr 2020
Can a house sale be forced in divorce?
If either spouse refuses to leave the marital home prior to any court settlement, it is generally not possible to force through a house sale. In either scenario, if the other spouse does not agree to put the property on the market, the only way to get a sale will generally be to go to court.9 Aug 2021
What happens if your ex refuses to sell your house?
As a court order, your ex-partner should comply to any decision made. Still, if for whatever reason they don't, you're able to go back to the courts and have a judge sign the contract for your sale, along with the completion forms on behalf of your ex-partner if they're refusing to do so.25 Mar 2020
How long does it take to force a property sale?
A forced sale or partition action can take 6-12 months on average. In some states, the partition could technically be completed faster, but due to inevitable complications and roadblocks, you should not expect to be done any sooner than 6 months.
How long does it take to force sale of property UK?
It can take between 3 months and 18 months to force the sale of a house.13 May 2021
Can I force the sale of a jointly owned property UK?
A If you and your co-owners are tenants in common - and so each own a distinct share of the property - then yes you can force a sale. If there is no such wording you are all joint tenants and will need to sever the joint tenancy before you are in a position to apply to a court for the "order for sale".29 Apr 2008
How does a forced sale work?
A forced sale is an involuntary transaction in which the sale is based upon legal and not economic factors, such as a decree, execution, or something different than mere inability to maintain the property. However, if the seller or buyer is forced to act under legal factors, it is a considered forced sale.
Can I sell my house if my partner doesn't want to?
If your partner refuses to sell the house and refuses or is unable to buy you out, you can force a sale. You must be tenants in common to force a sale. If you are joint tenants you'll need to sever your joint tenancy first and register as tenants in common. You can do this without your partners cooperation.13 May 2021
What happens if only one person wants to sell the house?
If one person wishes to sell the house and the other does not, an action of division and sale needs to be raised to ask the court to order a sale. The other person can ask the court to postpone or refuse the sale.
How do I sell my house if one partner refuses UK?
There are two methods which are best when it comes to answering how to sell a house when one partner refuses; either buy your partner out and sell the property when you own it outright or come to an agreement to sell the property together and split the money made from the sale.
Can I force a sale of a jointly owned property?
Joint Property Ownership When One Party Wants to Sell The law allows any co-owner to facture the joint ownership via a partition action. 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.