Q: can my husband sell our house for what we owe spitefully, rather than getting a realtor and best price?
We are splitting up. I want to be as fair as possible in everything, even though I had asked him to wait on selling the house for one year and he refused. I have a realtor coming over in a little while to see what we can do. The house is valued about $30k over what we owe so we would both get a bit of money. Out of spite he is trying to sell it for just what we owe. Only his name is on the mortgage but we bought it together. Can he do that? and what should I be doing to protect myself?
A: A husband cannot sell real estate unless a wife also signs. It doesn't matter that only his name is on the mortgage. So you can prevent the sale, unless he sells it for a price to which you will agree, and you agree on how to split the sale proceeds. If you are splitting up by divorcing, then use the Find a Lawyer tab to consult a local family law attorney who can review your financial situation and advise you how to protect yourself. Many attorneys offer a free phone consultation.
Nina Whitehurst and C. Lawrence Huddleston III agree with this answer
A: One married spouse cannot convey clear title to a house owned in his or her own name. The non-owning spouse has "dower" rights, so must sign any deed. If you are not willing to sign the deed over to the buyer, title cannot transfer. Don't even think about going through a divorce without an expert divorce lawyer to represent you,
A: He can not sell the house by himself if your name is on the deed as a co-owner.
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