my wife left some 3 months ago. we have only negotiated little things such as her clothing and personal item. We have alot of assetts to seprate such as retirements and vehicles. She wants to put our house on the market now. Im not ready. she will not discuss any of the other assetts or aspects of the seperation. She just discusses wanting to sell the house and wont budge on anything else. DO i have to sell if im not ready? Can she go to the courts and make me sell. I want to discuss all of the seperation first before we list the house
Is the house in both of your names? If the deed has your name on it also, then she can’t sell without your okay. Now, if you can’t come to an agreement then the courts will decide for you and more than likely will make you guys sell and split the profits.
For instance, My husband and I have a house. My name is the sole name on the mortgage, but both our names are on the deed. Therefore, I can’t sell without his okay. He actually wants the house, so he’s going to try to put the mortgage in his name. I’m giving him two years to do this(his credit is shaky and might take him this long to do it). As long as he makes the payments on time…fine. Once he’s late, then we have to sell. I put that in the separation agreeement.
Do you want to the house? Maybe you can buy her out? In any case, if your name is on the deed, then you have just as much right to the house as she does and she can’t sell out from under you…but the courts can make you do it once you go to court for the divorce.
Hope this helps.