If my wife and I are separated, can she hire a broker to sell our house without my consent?

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If my wife and I are separated, can she hire a broker to sell our house without my consent?

Not legally separated; both on mortgage.

Asked on June 19, 2011 under Family Law, Arizona

Answers:

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

Answered 10 years ago | Contributor

Can she or should she?  She can but will any acceptance of an offer be binding?  No, because you did not accept the offer and you will not be signing any contracts.  Now I do have to ask: you said that you are both on the mortgage.  I am so hoping that you are also both on the title to the property (the deed).  And that is what I am assuming when answering this question.  But regardless when a prospective purchaser does the title search on the property the mortgage in both your names would come up and that will be a big red flag that something not so right is up. I would seek some legal help here and file some type of order restraining her from listing or transferring the property in any way.  Good luck to you.


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