CAN HE FORCE ME TO SELL COTTAGE ?

Anonymous Asked:

MY HUSBAND AND I ARE RECENTLY SEPARATED FOR APPROXIMATELY 8 MONTHS. WE HAVE A COTTAGE THAT WE CO OWN FOR 9 YEARS NOW. HE INFORMS ME THAT HE WANTS TO EITHER SELL IT OR HAVE ME BUY HIM OUT. CAN HE FORCE ME TO DO EITHER? I BELIEVE BOTH OUR NAMES ARE ON THE TITLE.

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A Family Lawyer

10 years ago

A co-owner has the right to have property listed and sold, however the co-owner is not required to make an offer to purchase to the other in relation to the property. Given the manner in which the question is posted, it would appear you do not want the property and therefore are not required to purchase it from him. It would appear that he is attempting to offer different scenarios to resolve the issue. If you want the cottage then you should consult with a family law lawyer to structure an offer to purchase having regard to the other property and support issues. If you do not intend to purchase the property, then you should seek out the services of a real estate agent and ensure that you have consulted with a family law lawyer before the sale so that the sale proceeds may be dealt with pending an agreement between the parties.

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