Can ex force sale of real property? Or force a buyout?


#1

I have 3 questions please:

I owned my home before marriage and have done no improvements to it during the brief 2-1/2 years since our wedding. I have reduced my principal by a very small amount during this time (with my regular mortgage payments only, no additional principal payments). The house is worth very little more than it was when we married. It might be worth even less. I have not refinanced during our marriage.

  1. Is this house still my separate property?

  2. She is saying that I must sell the property and “give her half” or “buy her out”. Can she force me to sell the property?

  3. Do I have to buy her out and if so what is the buy out figure based on?

Thanks in advance.


#2

Yes, the home is your separate property, though your spouse may still be entitled to one half the amount of principal reduction made during the marriage. She is not entitled to half the value as the home is your separate property.