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Roger
Roger, Lawyer
Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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In a divorse situation i own 1/2 of a home that is free and

Customer Question

In a divorse situation i own 1/2 of a home that is free and clear. Do need my ex husband's permission to sell my half of the home legally.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'm an attorney licensed in Tennessee.

Technically, no you don't have to have permission from the co-owner to sell your 1/2 interest in a piece of property. However, it could be difficult to sell a 1/2 interest because most people aren't going to want to own a 1/2 interest with your spouse.

Expert:  Roger replied 1 year ago.

Instead, you're better off to ask the court to partite the property, which actually forces the sale of the entire property......

Expert:  Roger replied 1 year ago.

When a partition is filed, the court will order an appraisal of the property....and then it will offer either owner the opportunity to buy the other one out. If there are no takers, the judge will order that the property be sold and for the proceeds to be distributed between the two of you.

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