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I purchased a house then put my his and on the title he

I purchased a house...

I purchased a house then put my his and on the title he wants a divorce nowcan he make me sell the home

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No

Lawyer's Assistant: Where is the house located?

Berthoud coloorado

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Answered in 3 minutes by:
3/15/2018
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,843
Experience: 30 years of real estate practice experience.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

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Just to clarify, you are both on the title? Is there a mortgage?

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Customer reply replied 4 months ago
I got the mortgage when he was incarcerated closed Feb 7th and put him on the title last week? Now he wants a divorce and says he can make me sell my house

If you can afford to keep the house on your own, especially if the mortgage is only in your name, then it is unlikely you will be forced to sell. You will however, likely be required to pay him something for his interest.

Otherwise, you should be able to keep the house and he will not force a sale.

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Customer reply replied 4 months ago
How do I go about securing the house to me solely

Thank you for following up.

You may need to file for a writ of partition.

If real property is owned concurrently by two or more persons then any of the interested parties may bring an action to "partition" the property which, effectively, requests the court to physically divide or, alternatively, order the sale of the property and division of the proceeds. The action is called a Partition Action and for people with concurrent interests (currently existing) who have not "waived" the right to partition, this remedy is an absolute right. The demand for partition must be granted by the Court to such plaintiffs -- although the details of the order can vary widely. The "order" for the sale is typically an Interlocutory Judgment of Partition by Sale, either issued soon after the lawsuit is filed but sometimes not until all of the financial and legal issues are resolved.

Partition actions must be filed in the county where the property is located. Any person with an existing or future interest in the property may bring the action.

This is an equitable remedy, which means the litigation is somewhat complex. While not proceeding pro se is not legally required, it is strongly recommended you retain an attorney to move forward.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

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Loren
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Category: Real Estate Law
Satisfied Customers: 38,843
Experience: 30 years of real estate practice experience.
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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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