After divorcing your spouse, you want to move to another part of Alabama. Unfortunately, your ex does not want to sell the house, but your name remains on the mortgage and deed.
SFGate explains options for selling a home when your former spouse does not want to. Learn how to start your post-divorce life with one less thing to worry about.
Selling real estate property
Before a real estate sale goes through, all owners must consent. In divorce, that means both spouses agree to put their jointly owned marital home on the market. Even after dissolving your marriage, you still need your former spouse’s consent to sell a jointly owned property.
Forcing to sell
With a partition lawsuit, you may force your ex-partner to sell your marital home. Either you or your former spouse may use the legal option. If your suit succeeds and your former spouse sells the home, you two must split the proceeds. Real estate a divorced or divorcing couple owns does not qualify for property division. Instead, the couple may only sell the home.
Dealing with deeds
Your home’s deed and mortgage are two separate items. The mortgage represents a debt obligation, not legal ownership. The deed represents the property’s legal owner. If you use a partition lawsuit to compel your ex to sell the property, you must settle the unpaid mortgage when the home sells. You use proceeds or your own funds to close the mortgage. If you like, you may use both payment options.
You deserve to understand all your legal options for supporting your post-divorce life. A partition lawsuit could be what you need to make a clean break from your marital home.