Can my wife sell our home without my consent?

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Can my wife sell our home without my consent?

I just got served today and got a call from a mutual friend saying that my wife

sold them our trailer. Is that legal?

Asked on June 29, 2018 under Family Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you are both on the title: no. The consent of all persons on the title is necessary for the sale, and you may be able to void (undo) the sale if you were not on the title (your wife will have to repay the monies she received).
If you, not her, were on the title: again, no. You should be able to rescind or void the sale, as above.
If only she was on the title: yes, in this case, she had legal authority to sell it. However, that she did, and what she did with the money, may be taken account of in a divorce case, when determining how to divide assets.


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