Jump to Navigation

Can I be forced to sell my share of a property?

Can I be forced to sell my share of a property?

A If you and your co-owners are tenants in common - and so each own a distinct share of the property - then yes you can force a sale. If there is no such wording you are all joint tenants and will need to sever the joint tenancy before you are in a position to apply to a court for the "order for sale".

Can a judge force you to sell your house?

The law doesn't give owners of real property absolute protection against being forced to sell or otherwise dispose of their properties when they incur judgments or liens. Judges and the courts sometimes can order the sale of homes even when their owners don't want to do so.

What can I do if my ex wife won't sell the house?

The best thing to do in these situations, while not being easy, is to try your best to come to an agreement out of the courts. The most common resolution is one spouse buying out the other to gain full ownership, allowing them to either keep the house or sell it on if they choose to.

Can my wife force me to sell the house?

If you and your ex own a home that is in both of your names, they cannot legally force you to sell the house. If you want to remain in the home, you may wish to buy your ex out. Usually, spouses trying to force a property sale need to free up the capital so they can find a property of their own.

Can I sell half of my house?

A: You can sell all or a part of any interest in real estate that you own unless you are restricted by an agreement not to. Selling your half would not change your liability for any loan you signed for, even though you no longer own part of the house.

Can I sell half of my house to my child?

There are two ways to release the money you need: you could take out a conventional bank mortgage or you could come to a private arrangement. If you opted for a bank mortgage, you would transfer part-ownership of the house to your son and daughter-in-law and take out a joint loan with them.

Can I sell half my house to my daughter?

You can do as you have written. Selling half your house to your daughter will trigger a capital gains tax liability for you, but you will have a certain amount of principal private residence relief to reduce the gain because you lived in the house for part of the period of your ownership.

Can I sell my house to my son and rent it back?

A There is no legal reason why you can't sell your home to your son if that's what you want to do. But to avoid inheritance tax complications you will need to pay him the full market rent for your home, and your son will have to pay the full market value for the property.

How do I sell my house to my daughter?

The devil's in the details, but you've got options:Let your child inherit the house.Gift the house outright.Finance your child's purchase of the house.Sell the house to your child at a discount.Sell the house to your child but continue to live there.Let your child assume the mortgage.Use a personal trust.

Can you sell your home and rent it back?

Owners often prefer to sell their house and stay in it after closing. Real estate companies and rental investors will buy your house and “rent it back”. Sell and rent back companies allow owners to sell and stay long-term as a tenant via a leaseback arrangement.

Contact the Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Find our Office

Law Offices Of Jewel E. Lacey
244 Franklee Lane
Suite S150
New Hyde Park, NY 11042

Phone: 803-700-8524
Toll Free: 620-967-7423
Fax: 937-694-8919
New Hyde Park Law Office Map

Google+

Privacy Policy | business.