If a home is in both husband and wife’s name and the loan is paid off, can the now ex-husband sell the home without the ex-wife signing over her share?

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If a home is in both husband and wife’s name and the loan is paid off, can the now ex-husband sell the home without the ex-wife signing over her share?

Asked on June 19, 2012 under Family Law, Mississippi

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the husband attempts to sell, the sale will not be effective without your signature or the husband runs the risk of selling only his portion and the new buyer runs the risk of not having clear title or you nullifying the sale. If you are having issues with a sale, consider having your attorneys place this sale in the hands of a third party a neutral party to ensure you both get what you need from this sale.


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