Can A Spouse Unilaterally Sell The Marital Home
Jan. 22, 2023
The answer to whether a spouse can unilaterally sell the marital home is that it depends. It depends on two (2) main circumstances specifically:
1) How the Property is titled: If the property is in your spouse's name alone then the property can be sold without your approval. In all circumstances, your spouse will need your approval to legally sell the home if you are on the title.
2) When the sale occurs: If the property is sold during the pendency of the divorce and/or formal divorce pleadings have been filed then the sale would likely be in violation of the court's standing order. An upcoming sale may be prevented and/or damage minimalized if the appropriate steps are taken.
If the sale of marital property happens in contemplation of divorce but before the official filing, then there are remedies that the court can take depending on several factors. The spouse that is not on the deed should not wait around. Being proactive is the best remedy to this possibly costly situation.
If you need an experienced divorce attorney to assist you with protecting your legal rights regarding marital property, call Lunn Law LLC at 770-933-3825.