How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Brandon M. Your Own Question

Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience:  Attorney experienced in numerous areas of law.
11182422
Type Your Legal Question Here...
Brandon M. is online now
A new question is answered every 9 seconds

I am divorced for 5 years and my ex husband was supposed to

Resolved Question:

I am divorced for 5 years and my ex husband was supposed to move out of our house but never did. The house is in my name alone and according to the decree I am supposed to live here until my youngest child is 18 and then sell the house. We are supposed to split the profit. This is what I wanted, despite my lawyer advising me against it. He won't leave and I am at the point where I am willing to sell now just to be done with it. He won't agree to sell either. I don't know what to do, I really don't want to remove him forcibly, what are my options. Can I just sell the house right out from under him.
Submitted: 1 year ago.
Category: Legal
Expert:  Brandon M. replied 1 year ago.

Brandon M. : Hello there.
Customer: Hello
Brandon M. : Hello, thank you for your question.
Customer: welcome
Brandon M. : You said that your ex husband was suppose to move out but never did. Have you all been living in the home since the divorce?
Customer: yes
Brandon M. : You said that the house is in your name alone. Just so I understand the situation, is there a mortgage on the home? If so, who's name is XXXXX XXXXX mortgage?
Customer: mine only. But purchased during the marriage and it was both our monies.
Brandon M. : You also said that he won't agree to sell either. Normally, if a home's title is in your name and if the mortgage is in your name, no one else's permission is needed to sell a home. Is there any reason particular to your circumstance why you believe that your ex-husband's consent to sell the home might be necessary for you to effectuate a sale?
Customer: That was my question to you. Despite the fact that its in my name alone the home is ours collectively, does that not matter ?
Customer: basically is there anything he can do to stop the sale of the home?
Brandon M. : Normally, it would not matter at all. But where actual ownership is different than title, my primary interest would be in the language of the divorce decree. You said that you are suppose to live in the home until your youngest turns 18 years of age, and then the home is to sell. I presume that this was pursuant to the decree (please let me know if that is an incorrect assumption). Does the decree specify that your ex-husband needs to give his permission for the home to sell? Does it specifically place any other restrictions on the sale?
Brandon M. : It wouldn't be uncommon, for example, if a decree stated that the house was to be sold, but that both parties would have to agree to the sale price.
Customer: no it says just what I told you I live there with the children until the youngest turns 18 and then we sell. All of this came to pass because I assume he thought if he ignored the divorce all together it couldn't go thru without. His acknowledgment. So he never responded never contested and my lawyer was able to proceed
Brandon M. : Interesting. Well, there are basically two parts to your question. The first is whether an ex-wife can sell the home titled in her name alone over the objection of her ex-husband who shares equity in the home. The second is what options are available to remove the ex-husband from that home against his will....
Brandon M. : Or, alternatively, compelling the ex-husband to voluntarily remove himself from the home...
Customer: Yes
Customer: preferablyYes compelling him to move would be wonderful
Brandon M. : I should start by saying that because the nuances of every situation are different, this information should not be construed as complete or advice without consulting in person with counsel. That said, the answer to the first question is ordinarily "yes". When a person holds title to real property, they can generally use and dispose of the property to the extent of the title. In other words, if title is in your name, you can ordinarily do whatever you want with it. I say "ordinarily" because there are always exceptions to the general rule. For example, if a court order places limitations on sale of the title, the court-imposed limitations would prevail. Or if the owner has a separate contract with someone else that in some way encumbers the sale, the contract could limit the sale. But where the court orders a marital home to be sold at a certain time (e.g. a child reaching the age of majority), one spouse's equity in the home will not give that party any right to inhibit the sale. Hypothetically, they could sue for any losses that they incurred as a result of a below-market sale price, but they would need a new court order to stop the sale itself.
Customer: okay. So if I understand correctly could I be causing a problem if I'm looking to sell now because my youngest is not 18 yet. He's only 14.
Brandon M. : To answer the second question, when a person occupies a residence, they either have a right to be there or they don't. If they don't have a right to occupy the residence and if they have stated their intent to continue occupying the residence, you can negotiate with that person to leave voluntarily. You can offer them money to move out, for example. However, from a legal perspective, the only question for the law is whether it needs to flex its muscle to remove the person. If someone living in a residence wants to do so against the right to do so, the courts can't make them want to leave, but it can make them leave. This is accomplished through the formal eviction process. This process is available irrespective of whether the residence is to be placed up for sale.
Brandon M. : If the court orders a home to be sold when the couple's youngest child reaches age 18, that is both a right and a restriction.
Customer: So at this point I would have to evict him through the courts.
Brandon M. : It occurred to me that your child may not be 18 yet, but I am glad that you clarified that point.
Brandon M. : Eviction is the sole legal remedy available to compel someone to leave a residence that they are occupying unlawfully. Yes.
Customer: Okay.
Customer: We are still sharing the expense. Can I still file to evict him?
Brandon M. : It sometimes makes sense to bribe the person to leave. The cost of paying someone to leave can be less expensive and faster than an eviction, and it tends to cause fewer hard feelings. But once a person moves out of a residence, whether it is by eviction or willingly, any subsequent re-entry would be treated as a trespass, and law enforcement could arrest the perpetrator without going through an eviction again.
Brandon M. : Do you have any sort of lease agreement with him?
Customer: No
Brandon M. : Where there is no lease agreement, an occupant's sharing of expenses will not be a defense against eviction.
Customer: ok
Brandon M. : Has all of this made sense?
Customer: Yes
Customer: thank you. I will make an attempt at evicting but curious as to why you say it's expensive?
Brandon M. : The filing and court costs are reasonable, but a lot of people find it necessary to hire counsel, and attorney fees make it very expensive very quickly. It's a lot like preparing your own income tax return: some people will always need help, some people can handle any situation on their own, but most people fall somewhere in the middle--they can stumble through it on their own as long as it isn't an overly complex situation.
Customer: Okay thank you.
Brandon M. : You're welcome, and it was my pleasure. Have all of your questions been answered to your full satisfaction? If you would like clarification on anything, please let me know. Thanks.
Customer: Thank you, XXXXX XXXXX very helpful. I'm good.
Brandon M. : Terrific. I wish you the best. Good night.
Customer: Thank you
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience: Attorney experienced in numerous areas of law.
Brandon M. and 8 other Legal Specialists are ready to help you
Expert:  Brandon M. replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.