Asked in Divorce for California

Q: Hi my husband is trying to sell the house before the divorce. Can he sell it w/o my consent if it's also under my name?

He is trying to sell the house so I do not get anything in the divorce.

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1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: If your name is on the house, then he won't be able to sell it without your signature. The tactic of trying to sell property to deprive the other spouse of it is very common and also very pointless. If the house was bought during the marriage or paid for during the marriage in anyway, then a portion of the house will be community and be subject to division in a divorce. Many spouses try tricks of various kinds to get out of that division, but they never work.

Andy

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