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We divorced and then tried to get back together. The house…

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We divorced and then tried...
We divorced and then tried to get back together. The house was bought after we divorced and paid off b fore I left. We just lived together during that time
Submitted: 2 years ago.Category: Real Estate Law
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Answered in 2 minutes by:
1/16/2016
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 years ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 33,335
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Thank you. If that was the case, then you both have a shared ownership interest in the home. If he refuses to sell, then you can ask that he buy you out. If he refuses to buy you out or does not want to, then you would need to file a partition action with the court and basically ask the Judge to force the sale of the home. I know it is not ideal but the only way to make him sell if he does not want to cooperate with you. You would need to show good cause and provide the Judge with a reason that you no longer want the home and need to sell it.

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Customer reply replied 2 years ago
Is the need to have my portion of the house for another primary residence what he will be looking for?
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 years ago

You would want to show the Judge a financial hardship. I say this because the decision to buy the home, after you divorced and once you got back together, was voluntary and there was always the chance that this could have happened. As such, you want to show the Judge that you can not afford to buy a place since all your money is tied up here and you can not even live there.

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 years ago

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 years ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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