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diamondgranch1958 | Can my soon to be x-husband sell our home with out my permission? |
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 |
 
Lesley
|
How is your name listed on the mortgage papers???
husband "and" wife
or
husband "or" wife
"and" would entitle both signatures before any changes could be made including selling or refinancing
"or" would require only one signature
More than likely there is an "and" between your two names, in which case the answer would be no, he cannot. If you are worried about the possibility of him trying, I would have your attorney send a letter of acknowledgement to his attorney stating that you are aware of his intentions and what the penalties would be in him doing so. I would also state that you will seek damages if this type of transaction were to take place, not only against him but the realtors, mortgage companies and attorneys who assisted in the sale of the property.
In other words scare the *@&% out of him!!! That’s always fun!
PS: There are new laws concerning tenants in common which would require him to petition the deed in having your name removed. This used to not be the case and either could sell the property without the consent of the other.
So contact your attorney and find out for sure! Good Luck |
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Tomel
|
No, if the home is in your name.
Also, the answer should be no even if it's in his name and he owned it prior to your marriage. A competent divorce attorney would put a lis penden (I believe that's the term, since I'm not an attorney) on the title that would prevent any sale prior to the final divorce settlement. This is done to prevent a situation where you might be due, say, $100,000 in the divorce, but there is little cash but a lot of equity in the home. The husband would either have to come up with the cash or sell the house to get the cash. |
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Brenda B
|
Depends on the state laws, but if it's in both of your names, I don't believe he can sell it without your permission. |
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jmccartneyluvr
 |
no,not unless he owned the house before u were married and/or if there were prenup's signed. |
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YA is a sham
|
If you have already filed for divorce there should be a clause stating that neither of you can encumber property which is in dispute. Call your lawyer. |
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conundrum_dragon
|
If your name is not on the deed yes but I would see a lawyer to confirm this. If you have kids it could help your case some.. |
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anonymous
 |
If the deed is in his name, and his name only, then yes, he can.
If the deed has your name on it as well, then no. |
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sawdusttrail
|
impossible , never |
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beagles
|
It depends on how the home is owned. If the home is owned by both of you as joint tenants or tenants in common, both of you must sign in order to sell the home. If he owns the home, i.e., only his name is on the note and deed, he can sell it without you being present or signing anything. Contact your attorney as I can't give definitive answers without knowing what state you reside. |
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cop350zx
|
Yes |
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stodgypodgy
|
not if you bought it together and your name is on the deed, if you don't already have a lawyer i would get one fast, sounds like he is trying to dump assets |
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joe_momma7_2
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you need a lawyer, honey. |
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MoMoney
|
This depends entirely on 2 things.
#1.Is your name on the deed ? If it is Not then he Can sell it without your permission, but #2. If your state Recognizes Community Property - it doesn't Matter if your name is or Isn't on the deed, He will not be able to Sell it without your permission.( SEE #1..)
Get a lawyer,if you can't afford one call Legal Aide in your state on this matter. GoodLuck ! |
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lmnop
|
Depends on what state you are in and if you bought it while married. If you live in a community property state and bought it after married (i.e., he didn't bring the house into the marriage) then you are safe......probably. (But the deed issue mentioned above may also be critical.) But really, don't rely on people's internet input on a question this critical. You need to specifically discuss this with your divorce lawyer. |
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Hungus
 |
Not legally unless your name is not on the deed. |
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hayleyskigirl
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No |
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