Legal Question in Real Estate Law in Georgia

It doesn't matter who is on the mortgage for purposes of selling the home. What is important is who is on the DEED to the property. If both you and your wife are listed as owners on the Deed (as say for instance Joint Tenants with Rights of Survivorship or Tenants in Common), then you BOTH must consent before you sell the property. If just you are on the Deed, you do not need your wife's consent to sell the property, even if she is on the mortgage. With that said, if you are both on the mortgage, then you would both have to consent to any future refinance of the mortgage. Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

There may be good reasons legally in your case to not do what you plan. Before doing it, talk to a lawyer as to the pros and cons. I'd need more facts to know if there is a downside or not.