Divorce in process Broward county . Mtg to marital home is in both names but deed is only in wife’s name. We have 900k in equity but owe 100 on mtg which is now in foreclosure. Wife has been refusing to sell or list property. Can I get judge to force a sale
Let me preface this by saying it would help us answer if we knew if the home was premarital or bought during the marriage, and who is currently living there. For purposes of this answer, I'll assume that it was purchased during the marriage and is therefore marital property. In that event, the court CAN ultimately force your wife to sell it or, in the alternative, to buy you out, if she can. It might not happen during the pendency of the case; the court will likely wait until the end to make such a final decision.
Keep in mind the difficulty you will have in showing the property if she doesn't want to sell it. Even after the judge orders the sale, this may be a problem, so plan ahead. Ask the judge to allow you to choose the realtor, to manage the sale, to live in the property so that you can show it to its best advantage, etc. Make sure you anticipate the problems and plan for them so you ask the judge the first time for everything you need and don't have to go back for additional hearings.
If the home was purchased during the marriage, then you would likely be entitled to half the equity. If the home is in foreclosure, the court should grant a short sale of the property to save it from foreclosure. But you need to act quickly. I would strongly suggest you contact a marital and family law attorney in your area to discuss your rights further. Best of luck!
The attorney's response does not create an attorney-client privilege and does not constitute legal advice. It is intended to be for informational purposes only and should not be relied on as legal advice. You should consult with an attorney in your area to know your rights.
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