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Can she force me to sell the house ?

Anonymous Asked:

My wife wants to separate and she told me we have to sell the house within 6 months of her moving out, can she force me to do that.

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A Family Lawyer
10 years ago

An owner of property has the prima facie right to have their property listed and sold for fair market value, unless there is conduct of vexatious or malicious conduct on the part of that spouse who wishes to sell the property. It is advisable to discuss with a family law lawyer of your choosing as to issues of exclusive possession, if the spouses are married, and otherwise discuss what steps may lie ahead if the property is listed and sold. This would raise issues of division of contents, responsibility for expenses and carrying costs of the home in the interim, financial disclosure and entering into a separation agreement leading up to the disbursement of the sale proceeds, and any debts and liabilities, jointly or solely, that may or should be addressed from the sale proceeds. The request for your wife would be to amicably resolve matters within 6 months and otherwise she will move to have the home listed and sold.

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