Can my wife sell our home without my consent?

UPDATED: Oct 1, 2022

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Can my wife sell our home without my consent?

I just got served today and got a call from a mutual friend saying that my wife

sold them our trailer. Is that legal?

Asked on June 29, 2018 under Family Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are both on the title: no. The consent of all persons on the title is necessary for the sale, and you may be able to void (undo) the sale if you were not on the title (your wife will have to repay the monies she received).
If you, not her, were on the title: again, no. You should be able to rescind or void the sale, as above.
If only she was on the title: yes, in this case, she had legal authority to sell it. However, that she did, and what she did with the money, may be taken account of in a divorce case, when determining how to divide assets.

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 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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