Q: Does a notarized but unfixed separation agreement allow my husband to sell our NY house alone?
My husband and I own a house in New York state, and both of our names are on the deed. I signed a separation agreement that was notarized but not finalized in court. The agreement states that he will receive 100% of the profit from the sale of the house. However, the agreement does not mention details about the sale process, and there are no liens on the property. Does he still need my consent to sign off on the listing agreement and the sale, or can he proceed alone because of the separation agreement? Additionally, I am reconsidering whether I agree to the terms regarding the profit.
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- New York
- (516) 600-9750
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- Answered
A:
Greetings:
Total deference must be given/made to the Separation Agreement. If any terms are silent or ambiguous, you must be certain to have the Agreement amended to reflect your intentions as well as that of your ex. If you proceed in a manner contrary to the Agreement with respect to the sale of the marital home you could possibly end up in contempt of court.
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- New York
- (845) 727-7727
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A: Generally speaking you would need to sign a deed to transfer the real property, HOWEVER, you need to review and consult with an attorney to determine whether you might have given up some interest or power of attorney in the agreement.
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