If we are selling due to divorce and have received a full price offer to buy our farmstead, can my husband refuse to sell?

He has been trying to find others to buy me out for 5 month, since he separated. Can he refuse this full price offer we received to buy the farm? Do I have any rights to force the sale? We are both on the deed as a married couple. We are in mediation for uncontested divorce but he is insisting on not leaving the farm. How long must I be waiting while he tries to find someone(s) to buy me out? He is divorcing me. Must I get a divorce attorney and take him to court? In  Hawaii County, HI.

Asked on August 29, 2011 Hawaii

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You will most likely need an attorney to get your portion of this sale. If he refuses to sell, you can sell your half to the other with the understanding that that new buyer will be owners with your spouse. It will most likely produce problems, a cloud on the title and your husband contesting the sale of your half. Talk to an attorney or file a motion in court to order the sale since you have a full price offer. Otherwise, whatever happens, if you can show this person was ready, willing and able to buy and you lose the buyer, you would be entitled to the profit you would have gained from that sale if a new sale or buyout results in less money for you.


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