Q: Can someone who is married and has the deed to a home in their name only sell the home?
My mother is married and is trying to get a divorce, but is having issues with Domestic violence, she is the only one on the deed and is wanting to sell the home so her husband will leave her alone can she sell the home ,her mother bought the house for her. She then made monthly payments until home was paid for.her husband will not sign a divorce or move from residence, has also vandalized the home while staying in it.
A: She cannot convey the property without her husband signing the deed. So she must file for divorce. In the divorce, she can claim that her mother bought the home for her, and the home is her separate property. The court will then decide what happens with the house, and can order the husband to sign the deed. When she files for divorce, she also can ask the court to give her exclusive occupancy, and the court can order the husband out. Your mother should use the Find a Lawyer tab to retain a local divorce attorney to review the situation and advise her.
Anthony C. Satariano agrees with this answer
A:
I agree with the prior attorney's answer. I would only add that if domestic violence is an issue, she also has the ability to pursue a domestic violence civil protection order which is usually a quicker process than preparing a divorce filing. If she were granted it, the court has the authority to prevent the husband from returning to the home for a specific period of time (even up to 5 years). It would not help with the sale of the home at all, but it could potentially provide her with safety and exclusive use of the residence.
I highly suggest consulting with an attorney.
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