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

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“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.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.



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Author: House Attorney

A house attorney has answered this question.

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