Can he force me to sell the house?
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Can he force me to sell the house?
My soon to be ex husband wants me to sell the
house to split the equity so we can both find
modest places to start over…. can he force me
to sell the house? Or will I be required to buy
him out if I keep it?
Asked on December 23, 2018 under Family Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The divorce will determine what happens with the house--if you and he don't mutually agree to a resoluation of it, the court will decide. While every marriage and hence divorce is difference, because the courts evaluate all their unique circumstancers, as a general rule, since the house is a marital asset, you will not be allowed to keep it unless your husband receives some value or compensation equal to his "share" of it. That could mean selling the house and splitting the equity; it could mean you buying him out; it could mean you get the house and he gets other assets or accounts equal to his share of the value. But in one way or another, and subject to some adjustments by the court to work "equity" (fairness), he will be entitled to his fair share.
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