Q: Can I sell my house without my wife's consent if I only and on the mortgage?
I refinanced in 2013 for the second time and she asked to be not included on the mortgage. She is on the security deed but not the VA mortgage.
A: The house would likely be considered to be a marital asset. Are you going through a divorce? If so, a judge would look at all marital assets and make a determination as to who gets what. You may want to consult with an attorney who can review the facts of the case in detail and provide you with direction. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Samantha A Holloway agrees with this answer
A: If a divorce is pending, there is likely a standing order in place which would prohibit you from selling the home without your wife's consent. Additionally if she is on the security deed, you will likely need her signature to sell the property even though she is not on the mortgage, whether a divorce is pending or not.
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