Can a spouse sell a house if their name is not on the title?

In the United States, whether a spouse can sell a house if their name is not on the title depends on several factors:

State Laws: Different states have different laws regarding marital property. In community property states, both spouses may have rights to property acquired during marriage, even if only one name is on the title.
Marital Property: In many states, property acquired during marriage is considered marital property, regardless of whose name is on the title. This often requires consent from both spouses for a sale.
Non-Marital Assets: If the house is considered a non-marital asset (e.g., owned before marriage or inherited), the spouse whose name is on the title may have the right to sell without the other's consent.
Legal Agreements: Prenuptial or postnuptial agreements may dictate property rights and the ability to sell without spousal consent.
Court Orders: During divorce proceedings, a court may grant permission for one spouse to sell property without the other's consent.
Title Company Requirements: Many title companies require a non-owner spouse to sign a spousal waiver to complete a sale, even if their name is not on the title.

In most cases, selling a house without the consent of a spouse, even if their name is not on the title, can lead to legal complications. It's generally advisable to obtain spousal consent or seek legal counsel before proceeding with such a sale.

Citations: [1] https://thugheslaw.com/newsite/can-a-spouse-sell-property-without-the-permission-of-the-other-spouse-in-illinois/ [2] https://www.millcityhomebuyers.com/blog/selling-house-without-spouse-consent/ [3] https://www.cmlaw1.com/sale-solely-titled-real-property-marriage-divorce/ [4] https://www.hrpropertydoctor.com/blog/can-my-spouse-sell-our-house-without-my-consent/ [5] https://www.wmtxlaw.com/can-my-spouse-sell-our-house-without-my-consent/