Can my spouse list the house we jointly own for sale with out my permission?

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Can my spouse list the house we jointly own for sale with out my permission?

Asked on December 16, 2011 under Family Law, New Hampshire

Answers:

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

Answered 12 years ago | Contributor

Technically a realtor should make sure that both parties that own the property are listed and sign the agreement to list the property just to protect themselves.  Because if you are listed on the property deed your spouse can not transfer the house in a sale with out your signature.  However, you have left out a good deal of information here as to the facts surrounding the listing of the house.  Are you separated?  Is your spouse given use and occupancy (which does not mean right to sell) and so you were unaware of the listing?  I think that it ma be time for you to seek help from an attorney on all fronts.  Good luck.


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