Can marital property be sold without both spouse’s consent?

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Can marital property be sold without both spouse’s consent?

My husband has applied for a divorce in our native country outside the US to avoid the question of equitable distribution in the state., I am residing and working outside the US with my child; both of us are permanent residents and our marriage is 10 years old. I am contesting the divorce in my country. During our marriage my husband and I purchased a home in NC. My name is there as co-borrower and I had to sign the mortgage with him; the house is in his name. Since I am contesting the divorce can my husband sell/rent the property without my signature or consent?

Asked on April 28, 2011 under Real Estate Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The general answer to your question is no, marital property can not be sold without the consent of both of the parties.  But it is not to say that your husband will not attempt to sell it given that only he is on the title to the property. A red flag should go up to the attorney of the purchaser given that your name is also on the mortgage and I am sure that they will want some document signed by you regarding the sale.  The mortgage would be paid off upon closing.  But I would really not leave anything to chance.  I think that you should file an action to obtain some form of restraining order in the North Carolina courts in order to prevent him from transferring the property.  Get help.  Good luck.


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