Can I sell my home without my husband’s consent?

I have been married for 4 years and purchased a home 1 year ago. I am now interested in separating from my husband and selling the home, but my husband is trying to force me to keep the home (and him). I would like to know if I can sell the home without my husband’s consent. My name is the only name on the loan, dead, and title. If I cannot sell the home, is there a way I can get him out?

Asked on August 30, 2011 California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First and foremost, California is a community property state. It does not matter that the home and loan are solely in your name. If you purchased the property while you were married and not separated (separated as in living separate and apart with no possibility of reconciliation), then half of that home belongs to him.  You need to divorce; he cannot stop the divorce though he can definitely create barriers to delay the final divorce decree. What you can do is hire divorce counsel to do a few things preliminarily during the divorce proceedings. If you wish to keep the home for yourself, you need to have your lawyer argue as best as he or she can that this home should belong to you and not half only or in the alternative, that you will give up other property that would equate to the value of half of this home. Second, once that is set, you can ask the court to order him to vacate the premises and perhaps issue a restraining order for him to stay away from you and the property. If he violates the order, he would be considered in contempt of the divorce decree.


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