If my spouse and I are getting a divorce and I got the mortgage put in my name but he now wants to sell the house, can I be forced to sell?
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If my spouse and I are getting a divorce and I got the mortgage put in my name but he now wants to sell the house, can I be forced to sell?
He told me to get the mortgage in my name only and if I couldn’t then we would sell the house.
Asked on October 7, 2012 under Real Estate Law, Virginia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unless and until you and your soon to be former spouse have a written agreement signed by each of you and a court order confirming such concerning the real property that you are writing about the issue of you selling or keeping the home will need to be decided by the court in the marital dissolution proceeding.
If you want to buy out the spouse's equity in the home and keep it as your own, the courts in my experience generally allow such to happen.
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