Billings, MT asked in Family Law for Montana

Q: We got a legal divorce six years ago that was simply a financial move, but we stayed together.

Now we are actually divorcing. The only thing we share is the house. He doesn't want to sell it and I don't want him to have it, even if he pays me 1/2 the value. We own it as tenants in common. We were unable to settle with a mediator. Will the court force him to sell or will they make me accept 1/2 the value and let him stay. I feel the only equitable thing to do is sell and both move. It's unfair for me to suffer the physical, emotional and financial hardship of moving so that he can stay here in his comfort zone. I raised my kids here (not his), I found the house, made the downpayment, paid 1/2 the mortgage, decorated it, kept it in good shape, made some improvements. He was hardly ever here. We live in Montana.

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1 Lawyer Answer

Mark Anderson

Answered
  • Hamilton, MT
  • Licensed in Montana

A: You are better off to work it out in mediation. The court might order a sale if the property cannot be divided. At least in mediation, you know what you will get.

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