Can You Sell The Marital Home If Your Ex Is Still Living There?

Question:

Both our names are on the deed to the marital home, and I am interested in moving out.

If I move out of the marital home while she remains, will she be able to prohibit the sale of the home if she is still living there?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska divorce laws where I am licensed to practice.

It is likely that you will not be able to find a realtor to list the home without her signature on the listing agreement.

Furthermore, because her name is on the deed, then yes, you would need her signature to formally sell the home even if you do find a realtor. It is possible that you could get a court order, which would compel her to participate in the sale of the home.

An area of concern that you didn’t mention is the mortgage, which is different than the deed. The deed represents ownership of the property, while the mortgage reflects the contract with the bank for the financing of the home.

If your name is on the mortgage there is no court order that can force the bank to remove your name from it. This means that you are responsible for the mortgage payment, whether you live there or not.

If you move out and your wife does not pay the mortgage it will likely affect your credit score. There would be other possible issues, as well, such as foreclosure.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Nancy Shannon, contact Cordell & Cordell.