Can my husband sell our house without me signing off on it?

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Can my husband sell our house without me signing off on it?

He is sure that he can but I don’t think so and I want to make sure.

Asked on April 7, 2017 under Real Estate Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If your name appears on the title of the property, then you are a co-owner and have a claim on the property equal to the claim of your husband. Therefore, your husband cannot sell the property without your consent. However, in most states, if the wife's name is not on the title hthen the husband can typically sell a house without his wife's involvement. That having been said, MI has what is known as "dower rights". Accordingly, if your husband buys property while married, you as his wife would have dower rights to it. And, as a general rule, a husband cannot sell property without his wife's signature because of the wife's dower rights in the property. To be certain of all of this, you should contact a local attorney who can best advise you further.


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