If I’m the only name on the mortgage but my wife is in the title with me, I can sell the house?

UPDATED: Apr 23, 2016

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If I’m the only name on the mortgage but my wife is in the title with me, I can sell the house?

My wife and I are getting a divorce. I am alone in the mortgage. Can sell it without her

sign the sales contract?

Asked on April 23, 2016 under Family Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, if she's on the title, then she is an owner of the home. A house may not be sold without the consent (agreement) of all owners. That she's not the mortgage just means that she's not liable for the loan; it's the title, though, that makes her an owner. If she won't agree to a sale, you'll need to deal with this during the divorce, when all your various assets are distributed.

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