Marital home

Myth
  Myth
“My spouse and I have separated and he wants me to sell the former marital home, which is jointly owned. I am in a position to buy him out but he is refusing to agree to that and is insisting we sell. I don’t want to leave but he says he will force me.”
Fact
  Fact
As joint owners of the property, no sale or transfer can take place without the consent of both parties. However, one party cannot lock the other into it by refusing to sell or transfer. If your spouse wants to realise his interest, he has a right to do so. If you are in a position to pay your spouse a lump sum for his interest in his property, it is unlikely the court would force a sale.

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