I am in a divorce and my husband is trying to sell the home without my permission?

Full question:

My husband and I have a Property Settlement Agreement. We own a home together, he is in sole possession of the home. Is he allowed to sell the home without my signature on the sales contract. My realtor says no, I must sign. He is trying to list it without me. Is that legal?

Answer:

If you are on the deed and the agreement does not address the issue your signature would be required to sell. However, for listing the house for sale you may be able to get a broker to do that with his signature but this is not common where two people own the home.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Generally, one spouse cannot sell the other's personal belongings without permission. If the items are considered marital property, both spouses typically need to agree on the sale. However, if the items are solely owned by one spouse, that spouse may sell them without the other's consent.