How can I get my spouse to help with the sale of our house.

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How can I get my spouse to help with the sale of our house.

I am close to going into foreclosure,
the bank has been very cooperative, but
under the condition I put the house up
for sale. Without going into a divorce
filing is there any other legal
recourse I can take to get her to
cooperate?

Asked on February 18, 2017 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You could possibly bring a legal action (lawsuit) known as an action "for partition": this is a lawsuit, brought in chancery court (a part or division of county court) in which you ask the court to order the sale of your home because the owners (in this case, yourself and your wife) cannot agree on what to do with it. This can be a complicated action to bring (chancery actions are more complicated than, for example, small claims lawsuits) and are rarely brought: adding to the complexity is therefore the fact that the court clerks and also the judge you get may not be very familiar with  it.  However, other than an order in divorce, and action for partition is the only way to potentially compel the sale.


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