Asked in Family Law for Georgia

Q: I need to know what the law says about the approval of the wife/husband to sell an asset that was obtanied in marriage?

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1 Lawyer Answer
Beverly L. Cohen
Beverly L. Cohen
Answered
  • Roswell, GA
  • Licensed in Georgia

A: The right to sell an asset depends on whether or not a divorce is pending. If a divorce is pending, permission of the court is needed to sell or dispose of an asset unless the parties agree otherwise. If a divorce is not pending, either party has the right to sell or otherwise dispose of a marital asset. However, if an asset is titled in the name of both spouses such as a house or a vehicle, both will have to sign the deed or the title. If the asset is not titled in anyone's name such as furniture, one spouse could sell or dispose of the asset without the consent of the other.

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