Keeping the house with no ED


#1

I have been separated for 11 months and plan to file for divorce soon. We do not yet have our agreement finalized. My stbx does not realize that he must file a claim for ED and alimony prior to the final divorce judgement and I’m certainly not going to be the one to tell him. He does not have an attorney and is relying on ne and my attorney to make the modifications we agree upon. I am currently living in the marital home where I am the only one on the mortgage while we are both on the deed.

If we get legally divorced without an SA and without a claim for ED, I know he can force me to give him $ for half the equity. That is fine bc that is what I’m trying to do now. On the flip side though, can I force him to take it and to get bought out? Or could he just live happily on the deed with me forever? I guess I’m asking what rights I would have as the person living there to buy the property from him.


#2

No, you cannot force him to take a buyout, you would have to seek an action to partition the property, in which case the court could order a sale (you of course could buy the home, which in essence is what you are trying to do, but via a much more complicated process).


#3

An action to partition the property can be filed after divorce is granted?


#4

Yes, but it is more complicated. Once you are divorced you will own the house as tenants in common rather than as tenants by the entirety (martial joint ownership) and will have to proceed under the laws regarding real property.