My son got a divorce he has a house thats in his name will she be able to sell the house without his signiture or will he have to sell it

UPDATED: Oct 1, 2022

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My son got a divorce he has a house thats in his name will she be able to sell the house without his signiture or will he have to sell it

Ihave power of attorney I want to know what I can and can not do shes going to court on wed so I want to know what to expect. do I have the right to say something on his behalf.

Asked on September 20, 2018 under Family Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the house is in his name, his wife cannot sell it at all--only he can. And if he owned it pre-marriage and never put her on the title, she has NO claim to it or the equity/value in it.
But in the divorce, all assets acquired during the marriage are divided between the spouses. That includes things only in one spouse's name, if they were bought during marriage (you can't cheat your spouse from his/her share by purchasing things only in your name). So if the house was bought when they were married, the wife will entitled to a share of it in one way or another. The court could order the home sold and the proceeds split; it could give it to one of them, and give the other more money to compensate; etc.

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