Legal Question in Family Law in Connecticut
A married couple ownes a home but only the wife's name is on the morgtage paperwork, the wife decides to sell the home with out the husbands consent. There is equity in the home? Does the proceeds from the sale of the home have to be split 50/50. The couple are and have been married for 20 years and the built the home together 10 years ago.
2 Answers from Attorneys
You say her name only is on "the mortgage paperwork". Is your name on the title to the property (the warranty deed)? If yes, she won't be able to sell the property (unless she forges your name to the deed). If no, she could sell the property and there's no current court order in effect dictating how the proceeds are to be split. If there's a divorce action started, the court would decide how the proceeds get split, usually 50-50.
If a divorce action is pending, the Wife can not sell the home without the Husband�s consent even if the deed to the home is in her name. The standing orders go into effect once the action is served. The standing orders prohibit either party from selling assets while the action is pending. The home is a marital asset. The parties will either agree on how to divide the both assets and debts, or a judge will look at their entire financial picture and decide how divide them. The division of assets is dependant on many factors. It is not necessarily 50/50.
Bonnie Lee MacDonald
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Norwalk, CT 06850
203-845-0371