Fortunately, “in most cases, that’s enough to cover any gain involved,” says Kitt. And if you bought the house less than two years ago the exclusion may be reduced. Divorce and selling a home or other real estate are probably two of the most stressful life events. Michelle's Question: I am in the middle of my divorce and the court ordered that I can go back into the marital home, but I would be responsible for the payments. One possible outcome of my court proceedings re financial settlement after my recent divorce is that the court will order the immediate sale of the Matrimonial Home (kids all grown, btw). But remember, until a judge signs off on your agreement and issues a final order, your community property and debts still belong to the 2 of you and do not become separate even if you have agreed on how to divide them between yourselves. In California, courts will seek to divide equally the couple’s marital assets and debts — items that were accumulated during the marriage. Can You Force Your Ex to Sell a Home If Your Name Is Still on the Mortgage & Deed?. However, the legal proceedings to obtain the order for sale can be quite expensive, which is why most joint owners firstly seek mediation before making applications to courts. Who gets the house can be one of the most contentious parts of a California divorce, and for very good reason. The court further notes that it has jurisdiction to order the sale of a jointly-owned matrimonial home as per section 2 of the Partition Act . Now, you are living in California and are filing to get divorced or legally separated. Upon the granting of the order for sale by the court, the legal owner can force for the sale of the jointly owned property. Going through both at the same time can be ten times worse. Can I call the police and have her removed from the home if she does not comply by the date ordered or must I go through the courts for enforcement? I know we will have to pay to have a valuation for the court. Buyouts. A buyout usually means the person who will take over the home will need to get a new mortgage—which will be difficult considering the mortgage now needs to be refinanced under just one person. When a person receives an order in a divorce case, this order is backed up by the power of the court. Oct. 24, 2000) (affirming order granting husband exclusive right to sell home where parties could not cooperate with respect to listing home for sale). A US court has ordered Google to hand over the personal emails of the son of a Russian oligarch as part of a bitter £453m divorce case. If your ex-spouse is still an owner of the property, they can file a partition lawsuit against you which will force you to sell it. The house would be jointly owned by both parents until a sale takes place sometime in the future. Ways to Protect Your Custody Rights and Your Children 1: … Rather than distributing the home to one of the parties, the trial court ordered the parties to sell the property by 13 January 1998 and use the proceeds to pay off the costs of sale and the encumbrances on the home; any remaining funds from the sale were to be distributed to plaintiff-wife, with defendant-husband receiving a credit equal to one-half of these proceeds. If your name is the only one that appears on the grant deed, you have the right to solely transfer title through a sale—unless the court takes control of the community assets. For example, if you have dependents this will be taken into account. Although the out-spouse does not get any equity from the house at the time of the divorce because no sale or buyout has happened, this is offset by the fact that they get to continue to share in any appreciation the property experiences while they still own it. 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