Brooklyn, NY asked in Real Estate Law for Puerto Rico

Q: Can my spouse sell our mutually owned property acquired during marriage without my consent?

My wife listed our property for sale without my consent. I only recently found out. It’s been on the market for a year now again without my knowledge. Can a realtor list the property without my consent? Will my spouse be able to sell the home without my consent? We both reside in NJ. Please advise. Thx you.

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1 Lawyer Answer
Nelson Jose Francisco Alvarez-Aponte
  • Carolina, PR
  • Licensed in Puerto Rico

A: Hello and thank you for using Justia. Under local laws, both spouses are equal owners and admistrators of the property. As an administrator of the marital society, all acta have to be in benefit of the society. Thus she can hire a Realtor and list the property for sale, however no transfer of said property can be done without your signature.

You should contact the Realtor and inform them that you do not agree to sell. Also speak with your wife since she wants to sell and you donot. This can cause legal problems down the road.

If you need additional information please feel free to contact me directly.

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