Can my ex force the sale of our joint property?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my ex force the sale of our joint property?

My ex moved out almost a year ago and has not helped with any mortgage payments. He knows I

am trying to refinance at the moment however he is threatening to take me to court April 1st if we haven’t closed by then. How long do I have until we go to court for this? Am I going to lose my house even though I am 2-3 weeks away from the refinance process starting?

Asked on March 12, 2018 under Real Estate Law, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I can teell how upset you are here becuase you are so close and he is just being a jerk about things.  And understand that your divorce agreement will be what governs.  But let's look at the practical aspects of his threats.  Even if he "goes to court" he will not likely get before a judge for a week or so if he brings an exepditied motion and action to try and sell, and truthfully not likely to get before a judge for about 2 weeks or more.  Even at the worst case scenario if the court is made aware that there is a refinancing looming it is HIGHLY UNLIKELY (but I guess not impossible) that the court will order the house sold but rather give you a date certain that it has to be done by.  So relax and keep moving twoard what you need. By the time he actually starts the process moving you will likely be in the throws of the refi.  What you need to judge - and only you can do that - is how best to calm his nerves about it and keep him at bay.  Save the harrassing texts and consider blocking his number. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption