Valdosta, GA asked in Divorce and Real Estate Law for Georgia

Q: Can my wife sell our home without my consent in georgia if my name isn't on the deed or mortgage? Married 12 years.

Bought home 7 yrs ago. She moved into an apartment 4 months ago. I have been doing ALL the upkeep and paying mortgage/bills on my own. Not divorced yet but will be. Trial may start soon.

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1 Lawyer Answer
Ben F Meek III
Ben F Meek III

A: You need to consult with a Georgia real estate or divorce lawyer. Most states have some form of "homestead" right. This means that when a married couple live together in a home that one or both of them owns, both spouses have a homestead interest in the residence even if they do not own a title interest. So even if your name isn't on the title, your wife can't sell the house and dissolve or destroy your homestead interest in the property. However, the mortgage company almost certainly had you sign something either waiving your homestead right or subordinating it to the mortgage lien. So she probably can't sell it without your consent but could stop paying on the mortgage and let it go into default (if no one makes the payments) at which point the mortgage company could foreclose you out. Talk to an experienced lawyer in your state for legal advice. Good luck.

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