What can I do if my wife andI own a home together and I want out but she doesn’t want to sell or buy me out?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if my wife andI own a home together and I want out but she doesn’t want to sell or buy me out?
The deed and mortgage is in both names.
Asked on August 29, 2011 New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your situation. This question is difficult to give guidance on since I have no idea what your other assets are and if there is any way you can divide them equitably with her getting the house. I think not given your statement that she will not buy you out but it is always good to know what is what. The best thing for you to do is speak with your attorney about an action for "partition" which is a lawsuit started against you spouse requesting that the court divide the asset in half. Since a house can not be divided by splitting it down the middle (like a bank account) the court generally orders the asset sold and the profits divided. 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 AttorneyPages.com 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.