The husband threatens to force the sale of their house as part settlement in a divorce. The wife is able to buy him out, There is no mortgage on the property.
Cases are resolved by agreement or litigation. By agreement, a settlement involves an agreement between the parties. If the parties are unable to reach an agreement regarding disposition of assets, it will be up to the court to decide the issue. If a party seeks to purchase the interest of the other and the value of the property is not in dispute, it is highly possible that the court will allow the buyout. However, it is not possible to fully respond to this question without knowing all of the facts. For example, are there issues regarding the value of the property? Is the property marital property or part marital/part separate. Where there any pre-marital contributions to the purchase of the house?
The facts in each case will control the outcome. Therefore, in order to protect your interest you need to confer with an experienced family lawyer to discuss this matter in greater detail. Lawyers charge by the hour. Please discuss fees in advance for an initial consultation to avoid misunderstandings. All the best~
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