Legal Question in Family Law in Maryland
Can Legal Husband Sell House We Are Living In With My Consent ?
Been legally married since Feb.14th,2000 * My name was never legally placed on this house-due to a bankruptsy that I claimed a couple years before.(I didn't know at the time whether-legally they might try to come after the house-if my name was on the house. I know diffrent now.) But we are legally married...and things have gone wrong in our marriage-and he is saying that he is going to sell the house in the next few weeks...But I'm still living here. Please need to know: Can This House Be Sold Without My Consent ??? We are not legally separated yet * Need To Know-Hope Someone Can Help . Thank You Kindly *
2 Answers from Attorneys
Re: Can Legal Husband Sell House We Are Living In With My Consent ?
He has the legal right as sole owner of record to sell the house without your approval, unless you take immediate court action to prevent it. You may have a marital interest in the house if he's been paying a mortgage on it since the marriage.
As part of a divorce proceeding, that interest is subject to equitable distribution. If you have children with him and they're living with you, you may be able to get a use and possession order from the court that prevents him from evicting you from the house and selling it. I urge you to seek legal assistance right away if you want to protect your right to stay there.
Re: Can Legal Husband Sell House We Are Living In With My Consent ?
Unless he has gifted the house over to the marriage, yes he can sell the house. It sounds to me like you need an attorney. (410) 799-9002
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