Q: How can I ensure my husband can not sell our property without my knowledge as I’m not in our title or mortgage.
Sometimes I fear he sells it without me knowing before he plans to leave me, leaving me with nothing….this is anxiety but better safe than sorry
A:
If you have no interest in the property your 'consent' is not needed to remortgage, sell or otherwise dispose of it. In the recent past when Michigan provided Dower rights to wives, that would not have been the case, but that archaic law has been repealed so, now, you're just a 'renter'.
You are in essence asking 'does my husband-landlord, in my month to month verbal lease, need to consult with me before he sells the house I'm renting' because that is exactly what the legal status you currently have is. In short, you refer to this as "our property" but in reality it is HIS property. Is there a REASON for your current ownership situation? If not, your 'solution' is to discuss with him putting your name on the property.
Your question begs the next question however, and that is 'what's going on with your marriage that causes such insecurity'? This is more a counseling question than a legal one however, and I would suggest that couples therapy and/or sole counseling would benefit your situation.
Anthony M. Avery agrees with this answer
A: You could record a claim of interest on the property if in fact you had a legal right to the subject property. You must be careful as you could be slandering his title interest. Therefore, it is best to seek have a real estate attorney review the title abstract first, and then get with you as to your legal intentions.
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