In Alabama can a spouse sell a home when her spouse is in jail?
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In Alabama can a spouse sell a home when her spouse is in jail?
A friend of mine is in a military brig and his
wife is trying to sell their home without his
permission. Is this allowed?
Asked on August 18, 2017 under Family Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Who is on the title or deed to the home?
If just her, she can sell it without his permission: if she is the only one on the title (e.g. if she owned it pre-marriage,or inherited it from her family), it is her home only, so she does not need anyone's consent to sell it, whether spouse or not, though in a divorce, he might be entitled to a share of the proceeds, depending on the exact circumstances.
If the title is only in his name, clearly she cannot: legally, she is not an owner and has no authority over it.
If the title is in both their names, she cannot sell it without his consent; selling real estate requires the agreement of all owners, or else a court order requiring a sale.
If she is attempting to sell when she has no legal authority, your friend (or his father, as the attorney-in-fact [person given power by a POA]) can bring a legal action seeking a court order blocking the sale (and voiding any contract of sale). Your friend's father should consult with an attorney about how to do this: it can be somewhat procedurally complex.
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