If i contest the use of our home with the co ownwer can i force them to sell and how do i do so

UPDATED: Oct 1, 2022

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If i contest the use of our home with the co ownwer can i force them to sell and how do i do so

My ex recently got a divorce and was awarded possession of my home. Because I am a co owner can I Force her to sell the house and how do I do so.

Asked on September 9, 2017 under Real Estate Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If she was awarded possession of your home by the family court, you most likely cannot force her to sell, since if you forced a sale (something which *can* generally be done between non-married or non-former-spouses co-owners, by what is commonly and traditionally called a legal action for "partition"), you will be forcing her to move out--i.e. depriving her of possession, and thereby nullifying or violating the court order granting her possession. Negating, either directly or effectively, a valid court order from another court is not something a court will typically do; it is highly unlikely that a court would order the partition, or sale of the property and division of its equity, in the face of an already-issued court order granting your ex possession.
That said, because every situation is different and depends on its own unique facts, it is worth it for you to consult with an attorney  in some depth or detail about the situation, but you may need to accept that you cannot force the sale of the home while your ex has court ordered possession. Do this quickly, before the time limit to appeal the order granting possession runs out; it may be that you need to first appeal that order.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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