Can my husband sell our house if my name is on the deed but not the mortgage?

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Can my husband sell our house if my name is on the deed but not the mortgage?

Asked on August 9, 2011 Mississippi

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Thank you for submitting your question.  This is not a simple “yes” or “no” response.  Depending on your specific state laws will dictate whether or not your husband can sell your house since your name is not on the mortgage.  Most states would have required that in order for your name to appear on the deed, your name would have to be on the mortgage.  Since your name is not on the mortgage, but does appear on the deed, this means that only your husband is solely responsible financially for the house, but that you both have equity interest in the house.  If your state operates like others that allow your situation, he would not be able to sell the home without your signature.  But it’s not over there.  If you object to the home being sold, he could petition to have a judge order you to sign over your interest in the property if you are not financially capable of assuming the mortgage. 

 

Additionally, if only his name is on the mortgage and depending on when the home was purchased, he may be entitled to recover all proceeds from the sale of the home.  Especially if he can prove he was the only one contributing to payment of the mortgage.  Since you may have a large sum of money to gain or lose, you may benefit from contacting a family law attorney who specializes in these matters to assist you. 

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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