Trying to sell matrimonial home

[HammerDad]

What is the ex's position on the sale of the house? He would be entitled to 1/2 the equity at the time of separation, so there may be an issue there. There is a good chance the proceeds of the sale would be held in escrow until equalization is finalized.

So I guess I would advise the ex that you would like to sell the house. Agree to have it appraised and listed at the appraised value. If he doesn't agree, then you will need a court order to cause the sale of the house as the house cannot be sold without his signature as he is on title.

I don't think the lawyer is saying you can't sell the house. They are just saying you can't sell the house without your ex's consent or a court order.

Should you stop making mortgage payments and adversely affect your ex's credit, they may also have claims against you in civil court....but not 100% on that part.