My Soon to be Ex wants to Sell the House my Children and I are Living in, Can he Do this?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“My soon to be ex husband and his father own the house in which me and the children occupy. The house is mortgage free. Well, they want to sell house. Do I have any rights in this matter? I don’t want to move. I don’t think it is in best interest of children to move. The house was bought during the marriage.”

Question: If there is any community interest in the house, you may be able to delay its sale until judgment comes down in the case. Both parties can insist on having their interest cashed out, so all you can do is delay, and the sale would be inevitable at some point. However, the way you are talking about the house, it sounds like it was bought for cash with your soon-too-be-ex father-in-law’s money. It also sounds like he specifically did not put you on the title. In this instance, where you have no ownership or possessory interest, they are going to be able to put you out of there. Attempts to delay may wind up hurting your image with the Court. Consult local counsel.