Would like to Compel to Sell

[justalayman]

That is super scary that one could be frozen out of your own home if ones spouse leases it out ..to a friend or what ever ?

i would agree a TIC owner could do,as he or she pleases with his or her separate share

While share or percentage of ownership is definable, you cannot divide the physical object in the same manner. Ownership of a property is described as having a share of the whole. In other words; the physical aspect is not divisible. Each owner has a right to express individual control over any aspect but not to the point of excluding the other (in other words one owner cannot claim control of some particular room and exclude the other owner) up to and including the entire premises. The problem is if either owner binds possession to a third party (such as when renting or leasing the premises to a third party), the contract either party enters into does bind all owners to that contract. The non-signatory owner can be excluded from the home due to such a contract but they are due what they lost; 1/2 of the rental market value of the property as well as 1/2 the value of an subsequent damages to the premises.

That isn’t to say such a lease can never be terminated by the non-signatory owner but it would require a court’s involvement to do so. You can’t simply terminate an otherwise valid contract without incurring the liability for damages the lessee incurs. There are limited reasons such a contract could be nullified by a court and simply arguing one didn’t agree to it or wasn’t involved in the execution of such a contract are not valid reasons.

In the case at hand it’s apparent the op was not living in the home and had no desire to do so. They are simply upset the husband has taken actions the op doesn’t agree with concerning the jointly owned home which op has left due to the breakdown of the marital relationship.


Op can sue for divorce or to partition the property. Why she wouldn’t file divorce and separate the entire marital estate is beyond me but it is possible to separate just the home if that is what she wants to do. Suing to partition the property brings in some equitable issues that are ignored when dividing property in a divorce action. Op may not like the outcome.


This situation sounds strangely familiar to another recent poster. In that thread there was another property (in Oregon I believe). Both properties were wrapped up under the same mortgage. If this is that same person, it adds some serious complexities to the issue.

 

[HRZ]

Bottom line the OP needs divorce counsel darn soon to sort out what her options may be ...as to custody, support, property division and just anything relative to the marriage and the children.