If I get divorced and my mother owns 1/3 of our house, couldmy husbandforce us to sell?

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If I get divorced and my mother owns 1/3 of our house, couldmy husbandforce us to sell?

I have supported my husband for nearly 19 years of marriage. He has not been able to hold a job. I have put about $180K into our house, and he put $20 into it from money he received from an injury. He wants to move back to UK. If I divorce him, could I be forced to sell our house even if my mom owns 1/3 of it (since she paid off our mortgage)? I would likely not get any support as he can’t even support himself.

Asked on August 2, 2011 Georgia

Answers:

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

Answered 9 years ago | Contributor

There is really no way to answer this question without looking at the total picture of your assets and financial situation.  Could he in theory force a sale?  yes in theory any of you could through partition or in this divorce.  But the likelihood is that he wants cash to get lost and you can bargain out the matter without selling the house.  Now, understand that the PI settlement was probably separate property and that your money earned during marriage is marital property.  So the fact that he has not worked does not make the house any less his.  He may have a right to reimbursement of the 20K while the 180K may have no bearing the negotiations.  Get help.  Good luck.


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