Q: Do I need spousal permission to sell house bought during marriage?
I'm recently separated from my spouse, though we are not legally separated yet, and I am in the process of filing for divorce. I purchased a home during our marriage, and only my name is on the property title. There is no prenuptial agreement in place. Do I need to get my spouse's permission to sell the house?
A: Yes. The house is marital property, and your spouse may have a legal interest in some of the equity funds.
A: I would not sell any real or personal property that was purchased during the marriage prior to filing for divorce or after filing. Anything purchased during the marriage, regardless of who's name it is in, is considered marital property, and your spouse could be entitled to some portion of that asset.
A:
Even though the title of the property is solely in your name, the house was purchased during your marriage, which means it is likely considered marital property in most states. This means that your spouse may have a legal claim to a portion of the home's value, especially if it’s being sold during the divorce proceedings.
While you may not need explicit permission from your spouse to sell the house, doing so before the divorce is finalized could complicate things. If the sale happens during the divorce process, the proceeds from the sale may be subject to division as part of the marital assets. It’s essential to address this in your divorce negotiations or through your attorney to avoid potential disputes later on.
If you are unsure about how selling the house could impact your divorce, it might be a good idea to consult with a lawyer before proceeding. They can help you understand the best way to handle the sale and ensure that your actions don’t negatively affect your case.
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