Legal Question in Real Estate Law in Connecticut
Selling home due to divorce
I am in the middle of divorcing my wife. We built a home on family property and are now selling that home. Both of our names are on the deed to the land. However, the mortgage is in ONLY my wife's name. Jointly, we owe my family $60,000. My first question is Can my wife accept an offer on our house without me okaying the offer? (Since my name is on the deed to the land, I hope I need to sign off on the sale.) Second, can I assign a lean on the home for $60,000 so that my family is guaranteed to get the money we owe them? (As my wife becomes more bitter, she threatens to sell at a lower price and not reinburse my family.) Thank you!
1 Answer from Attorneys
Re: Selling home due to divorce
Pursuant to real estate law, your wife cannot sell the property by herself if you are also on the deed.
Pursuant to divorce law, neither you nor your wife can engage in major transactions (such as selling the home) without each of you agreeing or getting a court order. This is part of the automatic orders that are attached to the divorce complaint.
You can give your family member(s) a mortgage for the $60,000. This may cause you some problems with the court, particularly if the money was not used to buy the home.
Please note that this is general information that I am providing, not specific information for your case that you can rely on. This is because I do not know all of the details and you have not hired me to represent you.
You probably should consider having an attorney represent you if such significant amounts are at stake. If already have an attorney, you should get his or her advice on your questions.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
