I can give general divorce help for men, though, my knowledge is based on New Jersey divorce laws where I am licensed to practice. The lawsuit will be brought before a court, and if the ex-couple can’t agree on how to split up the house, the court … For example, if you have a teenager who is just a few years away from high school graduation, the judge might defer sale of the marital home so your child doesn’t have to … When the time comes for the ex-spouse who took full ownership to sell the house, they’ll only be able to exclude $250,000 of capital gains. No one should enter the California Divorce Court in Orange County, or anywhere else, without competent counsel. Answer: I am unable to give you legal advice on divorce. Re: Court Order of Sale. Who gets the house can be one of the most contentious parts of a California divorce, and for very good reason. fn. If your ex-spouse is still an owner of the property, they can file a partition lawsuit against you which will force you to sell it. I know we will have to pay to have a valuation for the court. For example, if you and your spouse were living in New York during part of your marriage, and you were both working and bought a car there. And, in a divorce or legal separation in California, it will be treated as community property. of sale); Dahlen v. Dahlen, 2000 WL 1577112, at *2 (Minn. Ct. App. The house would be jointly owned by both parents until a sale takes place sometime in the future. The court might order a deferred sale of certain property instead, if circumstances warrant it. A man's home may be his castle, but both spouses have the right to occupy a marital home unless and until ordered to leave by a divorce court. Finally, the court obviously considered the economic detriment Daniel would suffer from the deferred sale of home order, and partially ameliorated that problem by awarding him an offset for the loss of use of his separate and community property interests in the [45 Cal. A divorce order will typically require couples to split the costs of updates to the residence. Once a home is under contract and sold, any proceeds must be split in accordance with the divorce order. However, the court will normally order a property to be sold absent a good cause showing by the party objecting to the sale that a sale would negatively impact the community financial estate, negatively impact minor children, and so forth. There are plenty of reasons this issue may go to trial including a situation where neither spouse has the ability to buy the other spouse out or neither spouse wants to do so. Most of our net worth is tied up in our house, and I want to keep the home. Court order to force house sale query. May 16, 2011. If a party has failed to sell the home by a required deadline, the court … Sometimes one person may wish to keep the house by buying the other spouse out, or they may decide to keep the home and sell it after the divorce is finalized. Can I Be Forced Into Selling a Joint-Owned House?. The Ontario Superior Court of Justice lays out the test on summary judgment motions, citing Rule 16 of the Family Law Rules and the Supreme Court of Canada’s decision in Hryniak v. Maudlin . When going through a California divorce, it is important to understand all aspects of marital property, especially bigger things like your family home.. Divorce: Court Ordered Sale of Marital Home. Can you be forced to sell your house in a divorce? Case law actually states that if the house is ordered to be sold, the parties cannot thereafter agree that one of the parties will buy it from the other (!). If your name is the only one that appears on the grant deed, you have the right to solely transfer title through a sale—unless the court takes control of the community assets. The court further notes that it has jurisdiction to order the sale of a jointly-owned matrimonial home as per section 2 of the Partition Act . Other couples, however, choose to sell their home during the divorce. But remember, until a judge signs off on your agreement and issues a final order, your community property and debts still belong to the 2 of you and do not become separate even if you have agreed on how to divide them between yourselves.