how do I sale my house which is half owned by spouse.. not married.

UPDATED: Sep 30, 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: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

how do I sale my house which is half owned by spouse.. not married.

My spouse and I are separating and own 2 homes in florida together.. one we occupy and 1 we rentout. it is starting to get ugly and I want my half of the monies of properties.. he says Fk me hes not selling… what do I do here?? please help.. and thank You

Asked on May 14, 2017 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no way to sell a property against the wishes of the other half owner without a court order. In a situation like the one you describe, where the property is jointly owned by two spouses who are having marital difficulties, that order should come from the family court, in the context of a divorce proceeding. You should file a divorce action; in that action, the disposition of all joint or marital property, including the houses, can be determinated by the court.

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