The wife has no rights in her husband’s properties during his lifetime. She cannot seek stay against him if he intends to sell the property for any reason other than seeking a charge on it towards maintenance amount passsed by an order of a court, if pending for payment.
Can I stop my husband from selling the house?
If you look at selling the property because your spouse isn’t a joint owner then there is still something they can do to try and block you from selling the property. … The court will recognise that they have an established interest in the property and could be entitled to a share in its value when it’s sold.
Can I sell my house if my spouse doesn’t want to?
If only one person’s name appears that person can sell the house – without the other spouse’s approval. Most sellers have an idea of who is on the deed but there may be surprises buried in the documents making it impossible to complete the sale.
Can my wife refuse to sell the house?
If either spouse refuses to leave the marital home prior to any court settlement, it is generally not possible to force through a house sale. … In either scenario, if the other spouse does not agree to put the property on the market, the only way to get a sale will generally be to go to court.
Can you sell a house if one partner refuses?
If you share ownership with another person, neither of you can sell the property without permission from the other. This isn’t a problem if all the owners agree to sell, but it becomes a big issue when the owners disagree. … You can also sell your ownership claim to someone else or ask the court to force a sale.
Can my wife force me to sell the house?
If you and your ex own a home that is in both of your names, they cannot legally force you to sell the house. … Usually, spouses trying to force a property sale need to free up the capital so they can find a property of their own. Therefore, this is sometimes an agreeable solution for both parties.
Can you stop someone from selling their house?
Rejecting an offer is entirely legal as long as you do it for the right reasons. … But sellers cannot discriminate against individuals protected under state and federal law. For example, you can’t refuse to sell a home to someone simply because they have kids or are of a different race from you.
Can I force my partner to sell the house?
If the property owner wishes to sell it, they would have to obtain the consent of their spouse or civil partner. … The only way in which a spouse or civil partner can remove his or her former partner from the family home is to raise a court action and seek an exclusion order.
Can your wife kick you out of your own house?
In California, it is possible to legally force your spouse to move out of your home and stay away for a certain length of time. One can only get such a court order, however, if he or she shows assault or threats of assault in an emergency or the potential for physical or emotional harm in a non-emergency.