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My husband and I have a house together, however the house is in my name and the mortgage is in both names. Am I able to sell our home or do I need his written permission.

by 098uijk404 from Sinclair, Wyoming. Feb 1st 2018 Reply

Steven Jackson (Steve.Jackson)
#90 ranked lender in Florida - 14 contributions

The following should not be construed as legal advice and is given in general terms. You should consult an attorney for legal advice. Generally speaking, the property you bought during the marriage or received while you are married becomes marital property, regardless of whose name is on the title. Marital property is jointly owned and will get jointly divided should you get divorced. Separate property, on the other hand, is property that one spouse owns before the marriage, and is not subject to division in a divorce. There is some property that a spouse can receive during the marriage, like inheritance or a gift, that is normally considered separate property. It is my understanding that since Wyoming has no community property laws on the books, which allows for more flexibility and more uncertainty in property division when a couple gets a divorce. Highly recommend you consult a legal professional in Wyoming for full and accurate information.

Feb 1st 2018
William J Acres (William_Acres)
#73 ranked lender in Arizona - 8,728 contributions

This question is better asked to an attorney.. and in addition.. knowing your intent might be helpful as well.. In other words, are you making exit plans (divorce, separation, etc).. but in general.. all persons listed on the DEED must agree to the terms and sign the transfer documents.. You do not need his permission to payoff a mortgage.. However, as pointed out by Mr. Jackson, it's very possible that your husband has a marital right to the home.. and even if you do sell, it's possible you would end up owing him half the proceeds.. I'm a preferred Lender with California and Arizona being my primary markets. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 NMLS# 226347 / RPM Mortgage NMLS 1541014 / AZMB0121893

Feb 2nd 2018
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