If you are going through a divorce with an uncooperative spouse, it can make things all that much more difficult. Here is what we can do for you if you’re facing complications.
Uncooperative Spouse in a Divorce | Refusing to Sell the House
When someone comes into our Buffalo office asking what happens when their husband or wife refuses to sell the house, I assure them that the issue is very easily taken care of. During a divorce action, one of two things will happen. Either the house will be sold, and the proceeds will be equitably divided, or one person will have the opportunity to buy out the other. If one person is a stick-in-the-mud and doesn’t want to sell the house, that person has one of two choices – either buy out the other spouse or let the court force the sale of the home.
One person cannot delay the divorce action forever by refusing to put the house up for sale or to sign the necessary real estate papers because, if they do, the court will force the issue. In the first instance, the court will allow the parties to try to work it out between themselves and decide whether they want to sell the house or whether one person is going to keep it. If one person insists on being unreasonable and refuses to do any necessary thing – such as put the house up for sale – the court will order that to take place.
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Uncooperative Spouse in a Divorce | Refusing to Let You See the Kids
In Buffalo, if your spouse is not allowing you to see the children, it is essential that you take action immediately. If you fail to do something right away – and let the situation simmer for days, weeks, or months – it will make obtaining the desired response to your application a lot harder down the road. If a situation arises where either parent is not letting the other see the kids, immediate application to the court is necessary to allow the court to address that situation.
It is important to make sure that your rights to access or visitation are being enforced. One person cannot simply say to the other – for monetary or personal reasons – “I’m just not letting you see Johnny or Sally anymore.” That’s not acceptable, and immediate action to remedy that situation is essential.
Are you looking for fierce legal representation during your divorce? Please call our Buffalo divorce lawyers today.