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My wife and I own a home together as tenants in common with…

Customer Question
My wife and I...

My wife and I own a home together as tenants in common with me having a 25% interest and she has a 75% interest and we are separated without a chance of reconciliation. Is it possible in any way for me to sell or get the 25% value of that home without having a divorce? She is still living there but I have moved out. Thank you for responding it will be greatly appreciated.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No not sure where to start

Lawyer's Assistant: Family law varies by state. What state are you in?

PA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That was my main concern right now

Submitted: 3 months ago.Category: Family Law
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Answered in 1 minute by:
3/27/2018
Family Lawyer: Loren, Lawyer replied 3 months ago
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 38,805
Experience: 30 plus years of experience.
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Family Lawyer: Loren, Lawyer replied 3 months ago
Absent a contractual prohibition or restraint to the contrary, tenants in common may sell their interest without the consnt of the co owner. The difficulty would be in finding someone who wants to own a minority interest in residential property with your spouse. Also, there is no right to take possession by your buyer since this is, presumably, your wife’s homestead.
Additionally, if the new buyer wanted title insurance, because of the spousal homestead interest, the title company would require your wife to sign off on the deed, especially if separated or a divorce petition were pending.
So, while it is legal, in execution you may run into some hurdles, without a court order or final decree.
I am sorry. I wish I could tell you it would be easier, but I do not want you spinning your wheels.I am happy to continue if you have further questions.
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Family Lawyer: Loren, Lawyer replied 3 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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