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?

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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 10 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. 


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