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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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