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  1. #1

    Default What to Do if Your Spouse Won't Agree to Sell the Marital Home

    My question involves marriage law for the State of: Missouri

    This may not be listed under the correct category. I want to sell the large house we purchased 15 years ago. The overhead of maintaining the place and the "status" of the neighborhood is too expensive as move towards retirement. My husband refuses to consider the sale of look at the long term cost or consider downsizing. We moved there from a small home in an urban mixed neighborhood not for the status but the needs of the family at the time and the treed lot. The family needs are no longer a consideration. Is it possible for one of us to sell off their part of the house and be free and clear of the expense?

  2. #2
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    Default Re: House Settlement

    Quote Quoting DogDays5400
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    My question involves marriage law for the State of: Missouri

    This may not be listed under the correct category. I want to sell the large house we purchased 15 years ago. The overhead of maintaining the place and the "status" of the neighborhood is too expensive as move towards retirement. My husband refuses to consider the sale of look at the long term cost or consider downsizing. We moved there from a small home in an urban mixed neighborhood not for the status but the needs of the family at the time and the treed lot. The family needs are no longer a consideration. Is it possible for one of us to sell off their part of the house and be free and clear of the expense?
    It might be possible, but the odds of finding a buyer are slim. In addition, it would not relieve you from the mortgage if its still mortgaged. Therefore you would not be able to give a buyer clear title. However, if you and your husband are divorcing, then you could likely force the sale of the property as part of the divorce.

  3. #3

    Default Re: House Settlement

    OK. I'd really like to convince my husband to sell the thing and downsize. Been trying for years without much success. Is there a legal way to push the issue outside of divorce?

  4. #4
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    Default Re: House Settlement

    Whether you actually own a share of the house separate from your husband depends on how the deed is worded. There are different types of ownership.

    Tenants in Common where each person owns a divided or undivided interest. Upon your death, your interest goes to your heirs.

    Joint Tenants or joint tenants with right of survivorship gives a person an undivided interest. Upon the death of one owner the interest goes to the other(s) not to your heirs.

    Tenants By The Entirety or as husband and wife means you both own the whole interest in the property together as one entity - you do NOT each own half of the interest. This form of ownership requires that both of you act as one entity so you could not sell your interest without your husband's agreement.

    Quote Quoting DogDays5400
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    Is there a legal way to push the issue outside of divorce?
    If you are Tenants By The Entirety or as husband and wife, no.

  5. #5
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    Default Re: House Settlement

    In Missouri, any property jointly held by husband and wife is presumed to be by the entirety. Once divorced, it goes back to joint ownership.

    Either way, you can break the joint ownership by conveying your interest to another. It then becomes tenancy in common between the other owner and the new one. As stated, most people would have no interest in buying such an interest. This really needs to be dealt with in the divorce (if you can't mutually agree to handle it earlier).

  6. #6
    Join Date
    Nov 2013
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    Default Re: House Settlement

    OP is not in or contemplating divorce. llworking is the one who introduced the idea of divorce. She wants to know if she can somehow force her husband to cooperate or sell her interest. The answer to both questions is still no.

    Quote Quoting flyingron
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    In Missouri, any property jointly held by husband and wife is presumed to be by the entirety. Once divorced, it goes back to joint ownership.

    Either way, you can break the joint ownership by conveying your interest to another. It then becomes tenancy in common between the other owner and the new one. As stated, most people would have no interest in buying such an interest. This really needs to be dealt with in the divorce (if you can't mutually agree to handle it earlier).
    If the property is held by husband and wife is presumed to be by the entirety (if not otherwise written), then how is it (either way), she can break the joint ownership and convey her interest to another? That doesn't make sense.

  7. #7
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    Default Re: House Settlement

    Quote Quoting budwad
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    If the property is held by husband and wife is presumed to be by the entirety (if not otherwise written), then how is it (either way), she can break the joint ownership and convey her interest to another? That doesn't make sense.
    Yes, either party can break the entirety by deeding their share to someone else. What tenancy by the entirety does is provide an exemption from outsiders forcing such a partitioning.

  8. #8
    Join Date
    Jan 2006
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    Default Re: House Settlement

    Quote Quoting flyingron
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    In Missouri, any property jointly held by husband and wife is presumed to be by the entirety. Once divorced, it goes back to joint ownership.

    Either way, you can break the joint ownership by conveying your interest to another. It then becomes tenancy in common between the other owner and the new one. As stated, most people would have no interest in buying such an interest. This really needs to be dealt with in the divorce (if you can't mutually agree to handle it earlier).
    A tenancy by the entirely cannot be altered without mutual consent by both parties.

  9. #9

    Default Re: House Settlement

    Rats....I have tried all the angles I can think of to get this downsize going. Well the legal angle does not work. Will need to think of another.

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