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Old 02-02-2012, 10:20 AM
mtl7 mtl7 is offline
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Default Can I force sale of house ?

Can I force sale of house ?
Separted 1.5 year ago,kids
provisional order (X granted exlusive use of the house)
no setelment
Can I force sale of house ?
I read post bellow ,will it apply to any situation?
Notify the other party to list and sell the property and if they don't do by the agreed upon date you will motion for the immediate sale of the property and equalization.
Then notify the lender (mortgage holder) you have vacated the property. For most mortgage agreements this violates the agreement 90% of the time and they can (if you suggest to them) to call the mortgage. This will force an immediate sale of the home. Also notify the insurance company you have left too. Generally the mortgage agreement and insurance provider require everyone on the agreement to live at the residence.
You can also make a motion for the immediate sale of the property.
Also, you can move out and tell the other party that you will seek "occupational rent" if they continue to reside in the property. You have a right to seek occupational rent from them. (Look it up on the internet.)
Old 02-02-2012, 11:08 AM
HammerDad HammerDad is offline
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Generally you cannot "force the sale". What you can do is 1 of 3 things:

1. have an appraiser determine the fair market value of the house and offer to buy your ex out by providing them with their 1/2 of the equity in the house;

2. have an appraiser determine the fair market value of the house and request your ex to buy you out by providing you with your 1/2 of the equity in the house; or

3. after requesting one of the above, you file a motion in court requesting an order to cause the sale of the house. Unless neither of you can afford to carry the house on your own, you can't skip to this part without doing 1 or 2 above.
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