Can my husband sell our home without me if it’s just held in his name?
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Can my husband sell our home without me if it’s just held in his name?
My daughter and myself have a restraining order against my husband. He beat up our daughter who is 25 years old and is going to be brought up on aggravated assault charges against him in another state. The home we purchased from his brother and estate while we were married. It is just in his name. He is trying to sell it and has someone coming on Friday to look at the house. In the restraining order it was stated in court that I had rights to the house until he files for divorce. Can he sell this house without me? If so, what
rights to I have to stop this?
Asked on July 3, 2018 under Family Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If there was no order preventing him from selling the house, he could--while the fact that he did might be taken account of if and when you do divorce, in terms of distributing assets, if he is the only person on the title, he likely could legally sell it even though he is not supposed to sell the marital home with spousal consent. It's simply too easy for the sole person on the title to sell.
But you write that there is an order which would bar anything affecting your rights to the home at this time. You should bring a motion to enforce that action in family court, on an "emergent" (think "urgent") basis. In the motion, you will cite to and provide evidence (e.g. any listings for the house; any correspondence with potential buyers or realtors, etc.) of the steps he is taking to sell it. A court can sanction or punish him, up to an including imprisonment, for violating its order. Don't try to do this yourself if at all possible: let a family law attorney, who will be much more familiar than you with court proceedings, help you.
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