Legal Question in Real Estate Law in New York
home improvement agreement
Must both spouses in a marriage agree to a home improvement
project, or can one spouse hire a contractor without the
other spouses approval. One spouse does not want the
improvement to be done.
The work to be done is normally done with a price quote, and
homeowner acceptance, and doesn't involve a signed contract.
Both parties are equally represented on the deed.
Also, can one party sell the house without the others approval?
2 Answers from Attorneys
Re: home improvement agreement
I agree with attorney McAlister. I would add that if you objected to the work by writing the contractor, they would not be wise to proceed.
Re: home improvement agreement
Both spouse's agreeing to a "minor" or necessary home improvement, is not ususally required. However, if financing for the improvement is needed and the home will be used to secure the debt incurred, the lender, contractor and materialman usually requires all title holders to consent and agree in writing, to the mortgage or lien. In addition, if both spouses live on the premises then it would be unreasonable for a contractor or workman to expect to be able to do the work w/o incident.
Although, in some NY counties, a house can be encumbered by debts made by only one spouse.
One tenant by the entirety CANNOT sell real property (a house), w/o their co-tenant spouse, JOINING in the sale.
Good luck,
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