The law doesn’t give owners of real property absolute protection against being forced to sell or otherwise dispose of their properties when they incur judgments or liens. Judges and the courts sometimes can order the sale of homes even when their owners don’t want to do so.

How do you sell a house if one partner refuses Australia?

If your ex-spouse refuses to sell the house, you can force the sale of the home via a court order. If you take this option, it means that a judge can order that a home is sold as part of a property settlement.

How does a forced sale of a property work?

A forced sale is a legal process (often called a partition lawsuit) by which the co-owner of a property can accomplished a court-ordered sale of the jointly owned property. The sale occurs under court supervision, ending in division of the property or sale proceeds. But wait!

Can I be forced into selling a joint-owned house?

Can I Be Forced Into Selling a Joint-Owned House? When owners of jointly owned property can’t agree on the sale of the entire property, a partition lawsuit to force its sale may be filed. In a partition lawsuit, the court can order the sale of the entire property and divide proceeds among its owners.

What happens when one spouse is forced to sell the family home?

If one spouse keeps the family home they may need to equalize the property between them by paying the difference to the other spouse. Because the family home may be worth a lot, the equalization payment may be too large for that spouse to make and they may be forced to sell it instead.

Can a sibling force the sale of inherited property?

Yes, siblings (or other co-owners) can force the sale of inherited property via a partition action or lawsuit. If you are dealing with this situation, you should understand the legal rules and pitfalls surrounding forced sales and partition actions.