Posted on: 15th Dec, 2010 09:25 am
I live in New Jersey and I want to sell the house and my husband does not. Someone had told me that in New Jersey that if one person wants to sell and the other does not, that it does not matter and that he has to take over the mortgage.
Hi Guest!
Welcome to forums!
In order to sell off the property, both the owners of the property have to agree. If your husband is not ready to sell off the property, then you can file a partition lawsuit at the court. The court will go through the whole case and order the sale of the property. After the property is sold off, the mortgage will be paid off first with the sale proceeds. If there is an excess amount, then that will be distributed amongst both of you.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
In order to sell off the property, both the owners of the property have to agree. If your husband is not ready to sell off the property, then you can file a partition lawsuit at the court. The court will go through the whole case and order the sale of the property. After the property is sold off, the mortgage will be paid off first with the sale proceeds. If there is an excess amount, then that will be distributed amongst both of you.
Feel free to ask if you've further queries.
Sussane