Dear Penny: How Can I Make My Wife Move Out So I Can Sell the House?
My wife and I planned to sell our house this year to buy our retirement home in another state and pay off some parental student loans. But suddenly my wife no longer wishes to sell the house and move.
I purchased our house myself before meeting her over 30 years ago, and in our state it’s not considered marital property. I’ve paid all of our bills in our marriage, and she chose to remain unemployed for 10 years after our son (now an adult) was born. She currently works part-time. I’ve asked for a separation so I can continue with my retirement plans, but my wife is refusing to participate in getting the house on the market. She’s also refusing to move out of the house. What can I do?
— Trapped Homeowner
Dear Trapped,
For any disputes about property ownership, and especially if you’re pursuing a separation or divorce, you should consult a lawyer in your state who can help you understand your legal rights and recourse.
Financially, it sounds like your wife has a lot to lose by going along with a separation, and that could be why she’s not cooperating. Depending on the laws in your state, she might be entitled to spousal support during a legal separation and/or after a divorce. Once she’s at least 62 years old, she can also collect spousal benefits from Social Security, whether or not you’re still married. Understanding her own options might make her more likely to move forward and make way for your plans.
Even if your wife doesn’t have a claim to ownership of the property, she might still have a right to live in the home you’ve shared (again, depending on your state), which could be a hindrance to selling. If she’s not leaving on her own, you’ll have to go through an official eviction process, so consult a lawyer to guide you. As long as you’re married, courts may be less willing to evict her than they would be any other squatter in your home.
Dana Miranda is a Certified Educator in Personal Finance® and author of YOU DON’T NEED A BUDGET. She writes Healthy Rich, a newsletter about how capitalism impacts the ways we think, teach and talk about money.
