3 Comments Commercial law, litigation, contracts, IP, property law
This matter is presumably quite complex because it deals with both family law and property law. I don't know much about family law so you should post also in the family law forum here but with respect to property law, briefly:
1. when a property is owned by 2 parties and there is disagreement what to do with the property then yes it is possible to apply to the supreme court of your state for an order to force the sale of the property.
2. such an application takes time and cost money and is usually done only as a last resort. It is very risky for the other side too so there is room for negotiations.
3. if the matter is brought before the court, the court looks at what it considers to be the best outcome and balance of the needs and requirements for both parties.
4. you should obtain legal advice as to your options. Without knowing your situation the usual outcomes are negotiations with one party buying out the other, mortgage or agreement for a timeframe to dispose of the property. There may also be options specific under family law.
Family Court has the power to make property orders in this regard. However refer to family law forum I am not skilled in this area.
How quick - not that quick unlikely for a matter to be finalised within 2 months.
Also - the court looks at a range of factors in deciding if the property should be sold or not. The fact that you make all the loan repayments may be in your favour. Again raise it in the family law forum.