Can Your Spouse Sell Your Home Without You?

Dialogue

• Ever wondered if your partner can sell your house without your name on the title?
• Let's dive into this intriguing topic!
• In the United States, the answer depends on a fascinating mix of laws and circumstances.
• First, it’s all about the state you live in. Are you in a community property state?
• Community property states have unique laws. Here, both spouses could have rights to the property acquired during marriage.
• This means, even if your name isn’t on the title, you might have more say than you think.
• But what if the state isn’t a community property state?
• Well, most states treat property acquired during marriage as marital property.
• This could mean both spouses need to give a thumbs-up for any sale.
• Confused about non-marital assets? Let’s clear that up.
• If the house was owned before marriage or inherited, it's typically considered a non-marital asset.
• In such cases, the title-holder may have the sole right to sell. But wait, there’s more!
• Legal agreements like prenuptial or postnuptial agreements can change the game.
• These agreements can specify who can sell what, and when.
• What if you’re going through a divorce?
• A court might step in and grant one spouse the ability to sell without the other’s approval.
• Now, let’s talk about title companies.
• Even if the law says you can sell, title companies often require a spousal waiver.