Do I have a right to sell our house if both our names are on it?

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Do I have a right to sell our house if both our names are on it?

Did my name need to be on it the whole time? After 6 years of marriage my husband put my name on the house that he purchased before we married. Then, 1 1/2 years later we filed for divorce. He hid all of his money well, kept things in debt that we owned together, even though he had large inheritance to pay things off. Shouldn’t I get more than just 1.5 years of principle paid on it?

Asked on May 18, 2011 under Family Law, California

Answers:

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

Answered 10 years ago | Contributor

I am sorry for your situation.  I think that you need to speak with an attorney in your area on the matter.  I  believe that on the outset the property will be considered community property but I bet your husband will argue that point.  You may in fact only receive a portion of the increased value since you were added to the deed.  You will not, however, be able to sell the house without his signature and I would not try and do anything like that to any jointly held assets.  It could be seen as "dissipating" community assets and that could get you in to big trouble.  As for the inheritance, in many jurisdictions it is separate property and as long as it is kept separate you would not be entitled to any of it.  Seek help.  Good luck.


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