If I’m the only name on the mortgage but my wife is in the title with me, I can sell the house?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 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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