Q: Can I sell my house if my name only is on the deed and my husband is psychologically abusive and won't divorce me?
He had 2 strokes and is disabled but can be very mean. He tells me he will commit suicide if I leave him. I am trying to go move in with my adult daughter 1200 miles away but I need the funds from the house sale to help me start a new life. I lost both of my parents in the last year and am in therapy now. He claims he can't afford to move out but I am willing to give him half of the funds from the house sale. I will divorce if necessary but I can also do legal separation if he wants. He is also a hoarder and my house is dirty and has rodents and roaches. He is too stubborn to get help. My family and friends and 2 therapists all see his bad treatment of me, do I have any recourse in GA?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Georgia
- (770) 854-0777
- View Profile
- Answered
A: You cannot sell the house yet. You need to file for divorce or legal separation first. If you and he cannot agree on the sale the court will decide.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (702) 463-4900
- View Profile
- Answered
A: It's important to consider any potential legal and financial implications, especially if your husband has any claim to the property due to marital property laws.
A: You should not dispose of any assets such as a home, prior to the filing of a divorce. If you want to be able to sell your home, you need to file for divorce and allow the court to determine whether the residence is separate property or marital property, which will allow you to sell, should the court determine the home is your separate property or award you the home in the divorce proceeding. But I would not sell or distribute any assets prior to the filing of the divorce or after the filing without an order of the court.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
