Legal Question in Family Law in Minnesota

Sale of Real Estate during Divorce

My Husband bought our house 8mo before we got married. I gave him money for the downpayment. His name is the only name on the mortgage. We have been married since 1993. He was removed from the home for domestic violence. We have a child together that was born during our marriage that is 10. Order for protection was issued that included child support. I was made responsible for the housepayments. Order now expired and he wants to try and sell the house out from under me. He has not been served separation papers yet. Can he sell the house that I live in with my son or does he need to wait until the divorce is final.


Asked on 2/25/05, 1:20 pm

1 Answer from Attorneys
Maya Sullivan Law Office of Maya C. Sullivan, LLC

Re: Sale of Real Estate during Divorce

Once a divorce has been filed, fairly early in the process, there will be a hearing to establish temporary support, custody, living arrangements. These arrangements will remain throughout the divorce process. If you have already filed for divorce, this hearing should be approaching. Based in what you have told me, since you have the child, it is probable that the court will not allow him to sell the home at least during the process. Of course there are other factors that may change the outcome. If you are in need of further information or representation, please feel free to contact me at my office, 763.788.1000.

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Answered on 2/26/05, 9:31 pm


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