Can I force sale of property jointly owned by my spouse even if he wants to buy my half out?

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Can I force sale of property jointly owned by my spouse even if he wants to buy my half out?

My petition says either way. He wants to keep the property, but by the time all his credit card debt is subtracted from the total assets, I do not end up with half of the property value. Will forcing the sale of property give me a fairer share?

Asked on October 24, 2010 under Family Law, Florida

Answers:

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

Answered 10 years ago | Contributor

Do you have an attorney here?  Does your spouse?  Have you made an attempt to try and negotiate a settlement between you as to the debt, etc.?  You are assuming that you will have to take care of his debt.  Is it  really his, incurred by him and for him alone?  Or is it just in his name but it was used for both your benefit?  There are such actions known as partition which asks the court to divide a house so that it is equal to both owners but the court may not allow that here.  Get help from an attorney in your area.  One needs to look at all the issues and all the factors in your marriage to determine the way to proceed. Good luck.


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