Property Distribution - Home (sell or buy me out)


#1

Soon to be ex-wife lives in our home with our three kids. The home is the last asset that needs to be split but she’s dragging her feet on deciding on the options we discussed 1/sell the house and split proceeds or 2/buy me out. I am the sole deed/title holder and am considering selling the home on my own after giving her fair/reasonable notice. She takes the kids away for the summer (without my permission - separate issue) and I can see her using that as an excuse to delay selling the home and finding another place for herself/kids to live before the new school year begins… e.g. “the kids are in school and I don’t want to move yet”.

Any legal issues in me selling house? Can I use my position as sole deed/title holder as leverage to get her to make progress (sell or buy me out)?

Thanks!


#2

She still has a martial interest in the home even if your name is the only one on the deed. You will either need to come to an agreement regarding the home, or file suit for Equitable Distribution and seek a court order to have the home listed.