One spouse wants to sell home and other doesn’t . Children are over 18 years of age . What’s the law?
1 Answer from Attorneys
Either party can force a sale of the house (I'm assuming it's in both names) by filing a partition action. The process would be like a foreclosure - the court appoints a committee to hold an auction some Saturday at noon, highest bid takes it. As you can imagine, that's a lousy way to sell property. What usually happens is that once the party who doesn't want to sell realizes that an auction will result in the lowest price possible, he or she goes along with the sale. Another thought comes to mind: If things have come to this, can a divorce be far behind?