Q: Do a married couple in Indiana has the same rights for property, such as a house? Can one spouse only decide to sell?
A:
It depends on how the last deed of record (meaning on file with the county recorder) reads. If it includes the words, "husband and wife," then, no, both spouses must sign because the property is a tenancy-by-the-entirety.
If the deed omits those words or says "joint tenants with rights of survivorship" or "tenants-in-common," the selling spouse can sell that spouse's partial interest only. The remaining spouse has no obligation to sell, absent a court order such as in a divorce decree or separation order or decree of partition.
Beware that partial interests are not worth what you think. Selling a 50% interest is rarely likely to obtain 50% of the fair market value of the property. 30-35% is more likely.
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