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Can I Force the Sell of the Marital Home?

Did you finalize your divorce without having your name removed from the martial home?  Is your spouse remaining in the home but you are fearful that they will not pay the mortgage on time, thereby damaging your credit?  Now you need to sell the house and your ex is either nowhere to be found or uncooperative.  What can you do?

File a Petition for Sale in Lieu of Partition

While you will not be able to file for equitable distribution, there are still some options available. One option is to file a Petition for Sale In Lieu of Partition of Real Estate.  It allows people who own an undivided interest in real property together to split the interest.

The court will order the sale of the home if it decides your interest in the home cannot be split without injuring either you or your ex-spouse.  A commissioner will be appointed to either divide the interest or manage the sale of the home.  To make the costs easier on you, the court can even award discretionary attorney fees be paid from the proceeds of the sale of the home.

You can also file a Petition to Partition Personal Property for any personal property that is still titled in both of your names.

If you and your ex-spouse still own a home together and your ex is not cooperating with you, contact our office to assist you today.

Call Us Today: (919) 870-0466

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