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My husband wants to sell house, I am on the deed too, if I don't want it to be sold, can it? even if he says he going to put it up for sale, and we are married now??

2007-10-03 09:25:56 · 10 answers · asked by l 2 in Business & Finance Renting & Real Estate

He makes all house payments, I'm home with the kids, he's in another state in the millitary, he is threatening this, (divorce soon for abuse) I want full custody, he wants me to feel scared about not having a home, he makes a good ammount of money! very abusive, I just wanted to know what my rights are with the house too!

2007-10-03 09:35:23 · update #1

10 answers

Nope. Legally the property can't be sold without your signature unless he goes to court and sues you.

2007-10-03 09:28:39 · answer #1 · answered by wizjp 7 · 3 0

Can't be sold legally.. You are going to need to talk this again and again and again till you compromise. If you are married it is about compromise and about both of you.. Should not be about he wants to so it's going to happen.. or you don't want it to so it's not going to happen. You both need to look at each others sides and discuss the matter reasonably.

Just read your additional comments. If it's a divorce more than likely the house will need to be sold but I'd wait till the divorce was underway. You can discuss this matter and such with the judge and he or she can offer better advice and it will all be under the law. If you are married and you were just a stay at home mom doesnt mean you dont have as many rights. that should mean nothing as far as rights go.

2007-10-03 16:36:46 · answer #2 · answered by Sma 4 · 0 0

Young lady, first of all get an atty., your husband DOES NOT need your permission to put the house on the market. Depending on the state you reside in, and how you were put on the deed, will determine if he can actually sell the home! If you retain a lawyer, and can show abuse, he can file a motion with the court that all communication between you and your husband be channeled Thur your atty. Tell your lawyer of your intentions regarding the divorce, and seek relief from future abuse, until your situation is resolved. By the way, there is a big difference in selling, and actually getting it to a closing.Good Luck!

2007-10-03 17:01:47 · answer #3 · answered by diesel6999999 3 · 1 1

ok you both need to really communicate here, this is just plain and simple :)

write down and decide the good with the bad of keeping & selling the property. Why keep it? why sell it that kind of thing. Or keep it and rent it out if you both cannot agree.

No it cannot be sold with out both consents on the title docs & sales contract beforehand. But you can have the title office write up a deed to take his or her name off title to sell it if needed, title co will advise how to go about it if you just ask... the fee is about 75-150

2007-10-03 16:32:29 · answer #4 · answered by ? 3 · 0 0

no because the property is just as much yours as his, but if you are going through a divorce it will probably have to be sold.

2007-10-03 16:33:27 · answer #5 · answered by artist9120 4 · 0 0

No he can't. If you both have property rights, he can't force you to give yours up. You'd both have to sign your interests in the property over in order to sell it.

2007-10-03 16:30:31 · answer #6 · answered by matzael 3 · 1 0

just sell half the house lol jk that's not possible because u have to sign a form or contract or something

2007-10-03 16:34:03 · answer #7 · answered by Love 3 · 0 1

You will both have to sign off on all paperwork. He can not sell it without your consent.

2007-10-04 08:42:35 · answer #8 · answered by brandyrhi 2 · 0 0

He can't sell it without your consent.

If he's abusive towards you, file a complaint with his commanding officer.

2007-10-03 16:54:57 · answer #9 · answered by Bostonian In MO 7 · 0 1

If it's in both of your names he can't sell it without your signature.

2007-10-03 16:29:31 · answer #10 · answered by TampaLawyer 2 · 2 0

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