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?
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.
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.
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