If both a husband and wife’s names are on a house deed but only the wife’s name is on the mortgage, can she put up the house for sale without his signature?

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If both a husband and wife’s names are on a house deed but only the wife’s name is on the mortgage, can she put up the house for sale without his signature?

Ongoing divorce: husband lives at the house and does not cooperate or respond to questions about his plans. What are the wife’s options?

Asked on September 30, 2012 under Real Estate Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this coutnry, the wife who is on title to the home that you are writing about (along with her husband) can list the home for sale and can sell her interest in it but the entirety of the unit cannot be sold under the laws of all states in this country unless the husband signs a contract to sell as well. Just because the wife is obligated on the mortgage alone does not give her any more legal rights as to the home than her husband.

The wife's options are to seek a court order in the dissolution that is pending ordering the sale of the home and the husband to sign all documents necessary for the sale to happen.


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