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Can i sell my house without the signature of my spouse?

Markus
I live in VA, I am married for about 17 years and about 10 years ago I bought a house (everything is only on my name) I refinanced a couple of times without his signature but now I would like to know if I can sell it without the signature of my spouse we are going to divorce soon anyway.

Freeda
Wait until after the divorce. If you try to sell, the title company will catch it... if the title company is bad at what they do and they don't catch it... Then your husband can show up and claim the house and it will be rightfully his. then you will get sued by the people who bought the house.

Everett
If it is in your name only, you can sell it on your own.However, if you live in a community property state, anything that came to the marriage afterwords is going to be considered in the proceedings.Depending on the circumstances, a good lawyer could have it considered regardless. For better advice see a lawyer to determine the best course of action for you.

Carleen
You need to ask your attorney. It really depends on the laws of your state as to how the property is regarded - are you in a community property state? You probably can sell it without his signature, but to protect yourself and your personal property, get your attorney to look at it first to be sure.

Byron
As long as he isn't on the deed...Yes. You have stated that it is only in your name...so you are good to go. If he is on the deed, then he will have to sign (this isn't the mortgage...this is the deed). You should be able to go to a title company and have them do a "letter report" (probably $150, depending on the company) and this should tell you who's on the deed and who the lienholders are. If you have all of your paperwork though, you shouldn't even need to do this. So, the answer is yes.The problem thoug, is that the courts will probably consider this to be "marital property" since it was acquired after you were married. He will more than likely be entitled to some of the equity in the home (or the cash from the proceeds of the sale)

Felice
If his name is not on the title and not on the loan, it is yours and you can sell it without your husbands signature. Whether his divorce attorney will try to go after the proceeds of the house is another issue.

Herminia
If the deed is only in your name, yes.But as the others said, your spouse may be entitled to half the proceeds whether he is on title or not. It is in your best interest to wait until the divorce is final, then sell.

Liz
if you are in a dower state no way. if he spent 1 night in the home as a marital home he is now titled as a joint tenant with rights of survivorship and he must sign. If not in a dower state then talk with your atty about it first

Celia
No. What you might be able to do is have him sign a quit claim deed over to you. Make sure to record it. Then you an sell on your own. Otherwise he has to sign.