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.

Related Topics:
1 Lawyer Answer
Mark Anderson
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.