Navigating Divorce: Can Wife Force Home Sale?
So, you’re getting divorced, and your wife’s name is not on the deed, the promissory note, or the mortgage. Can she force you to sell the home in the divorce? Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice here in Tulsa, Oklahoma. I focus on fathers’ rights, and this is my 25th year of practice.
Division of Marital Assets
Unfortunately, it’s not that simple. Even if your name is the only one on the deed, promissory note, and mortgage, the court can still treat the house as a marital asset. Why? Because once you marry and make the residence your marital home, it becomes subject to division.
Often, a wife may have contributed significantly to mortgage payments or home improvements, or even added “sweat equity” by putting time and effort into upgrades. If she paid the majority of the loan, or if her contributions were substantial, she can argue that she deserves equity in the home. In some cases, the only way to fairly divide that equity is by selling the property.
Options for Resolving Home Ownership
That said, you would usually have the opportunity to buy her out of her share. Sometimes this is done by refinancing, though whether that’s possible depends on your financial situation. (I have other videos that address refinancing in more detail.)
The key point is this: don’t assume you’re in complete control of the home just because the documents are in your name. Divorce law looks at fairness and contributions, not just whose name is on the paperwork.
Need Legal Advice?
If you need help with this issue—or any other family law matter—give Tulsa men’s divorce attorney Clint Hastings a call at 918-962-0900. We’ll be glad to set up a consultation.
