Can my husband sell our house if my name is on the deed but not the mortgage?

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Can my husband sell our house if my name is on the deed but not the mortgage?

Asked on August 9, 2011 Mississippi

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Thank you for submitting your question.  This is not a simple “yes” or “no” response.  Depending on your specific state laws will dictate whether or not your husband can sell your house since your name is not on the mortgage.  Most states would have required that in order for your name to appear on the deed, your name would have to be on the mortgage.  Since your name is not on the mortgage, but does appear on the deed, this means that only your husband is solely responsible financially for the house, but that you both have equity interest in the house.  If your state operates like others that allow your situation, he would not be able to sell the home without your signature.  But it’s not over there.  If you object to the home being sold, he could petition to have a judge order you to sign over your interest in the property if you are not financially capable of assuming the mortgage. 

 

Additionally, if only his name is on the mortgage and depending on when the home was purchased, he may be entitled to recover all proceeds from the sale of the home.  Especially if he can prove he was the only one contributing to payment of the mortgage.  Since you may have a large sum of money to gain or lose, you may benefit from contacting a family law attorney who specializes in these matters to assist you. 

 


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