Moving out of house

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Road2free

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I'm the owner of our matrimonial home but my ex does not want to give consent to put house on sale. We had domestic situation where police was involved due to his abusive behaviour. He does not want to move out of house either. To protect child's interest I make the decesion to move out with my son in a few months. We haven't finalized separation agreement. Can you forsee any potential issues with that in case he refuse to take over and pay mortgage? Can I stop monthly mortgage payments and what are the consequencies?
 
I see issues coming out the wazooo. He can just refuse to leave, refuse to pay, trash the place and you lose everything, all the while paying rent on the new place you move to. If you "just stop" mortgage payments then the bank forecloses. The ex is under no obligation to pay for anything, he will just run up the bills.

Go to court, get an order for exclusive possession of the home, get a sherrif's order to kick him out. With a domestic and police involvement you should be able to get an emergency order very quickly, insist on this with whatever lawyer you use. You can then sell your home when you choose.
 
If you own it and his name isn't on it, you don't need his consent to sell it anyways.

One of the cardinal rules of separation is to NEVER leave your house. It puts you at a big disadvantage in most cases. Cases of abuse are slightly different however...
 
representingself said:
That is 100% INCORRECT!!
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Something more constructive? What is the relevant law, and what can this person do?

My suspicious was that they can sell it without consent, however in terms of the divorce, they will still have to share the equity in the home based on the difference in value since the start of the marriage. Ie, at marriage the house was worth 200,000, at separation it is worth 300,000. You can sell it without their consent, but they are still entitled to 50,000 in equity from it.

If I'm wrong explain why, it's more helpful :)
 
Agree with representing itself, you CANNOT just sell a matrimonial home, no matter whose name is on title. Don't know the legal reference but I am sure this to be true - you also cannot get a line of credit against a home which you are sole owner on if it's matrimonial home - they just won't do it.

Road2Free, this is a bad idea to leave. If mortgage isn't paid, this will affect your credit and house will go into foreclosure and you'll lose all equity in it. I agree that the order for exclusive possession is the way to go in the meantime but I'm not sure how/if they would award this unless there is an incident of abuse. Try to settle with your husband and get him out of the house and move on. He will drag this out hoping he's entitled to something and it'll cost you a lot in legal fees.
 
winterwolf7 said:
Something more constructive? What is the relevant law, and what can this person do?

My suspicious was that they can sell it without consent,
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You are incorrect.

As soon as a couple marries and cohabitates in a house (that was previous owned and titled by one of them) the house is termed the matrimonial home. As such, each spouse has an entitlement to such house. In order to sell the matrimonial home, notwithstanding one party being on title, requires the consent of the other spouse.

I sit beside a real estate lawyer and his assistant. I hear this regularly, that they need both spouses to sign off on the sale, even if it is just one on title.
 
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