Home Selling in Port Orange>Question Details

Jay, Home Seller in Port Orange, FL

Can a Florida resident (husband) sell property he owns in Canada (his name alone on the deed) without the consent of his wife?

Asked by Jay, Port Orange, FL Tue Apr 12, 2011

Husband and wife have not lived together for almost 10 years and were married in New York. He is now a legal resident of Florida and she is in New York. Their marriage was in New York and their property in New York was sold by husband alone since he was the only person on that deed when they left each other. There is no divorce or divorce action; they are legally still married.

Help the community by answering this question:



Realtors cannot offer legal advice. You will need to consult Canadian law regarding real estate for that answer. Your status as a Florida resident will not impact how foreign property sales need to be handled.

Best of luck.
2 votes Thank Flag Link Tue Apr 12, 2011
If she is not an owner and does not appear on the deed, I see no reason why not. However, it's always a good idea to consult a real estate attorney who specializes in these matters.
Web Reference: http://truesarasota.com
1 vote Thank Flag Link Wed Apr 13, 2011
We are Realtors, not Lawyers. YOUR question is best, and only answered by an attorney.
1 vote Thank Flag Link Tue Apr 12, 2011
Contact an attorney with this one. One versed in real estate and family law.

Phil Hanner
Experienced Short Sales Agent
Accredited REO Agentâ„¢
Keller Williams Realty Florida Partners
3510 S. Nova Road, Suite 112
Port Orange, FL 32129
Licensed Realtor
Cell: 386-214-7745
Fax: 386-944-2808
email: phanner@cfl.rr.com

"Wait long. Strike fast."
Member South Daytona/Port Orange Chamber of Commerce
Member Central Florida Realty Investors
1 vote Thank Flag Link Tue Apr 12, 2011
I live in Canada and I have sold property I own without my husband consent .In Canada the person on deed is only one who has to sign.
0 votes Thank Flag Link Sat Mar 30, 2013
My name is Rick Hose and I'm with Exit Martin. I would suggests getting a Great Realtor to walk you through this process. I work with a lot of out of town Buyer. I work with them one on one to get the prefect home. A Personal Home Buyer, is what I like to call it. I take pictures, share information, and make videos. I also enjoy working with first time home buyer. I also work with military and special needs families.

Hope to talk soon,
Rick Hose
0 votes • Reply • Flag • Link • Delete • Sun Feb 10, 2013
Rick Hose, Real Estate Pro in Port Orange, FL
0 votes Thank Flag Link Fri Mar 29, 2013
Clearly, this is a Canadian legal matter. In Florida a husband and wife share ownership whether or not on the deed or title. Each state and country have different laws regarding property ownership and disposal.

0 votes Thank Flag Link Wed Apr 13, 2011
Hi Jay,

Sounds like a Canadian law question to me. Contact a Realtor in the area of Canada where the property is located and she may be able to refer you to a local law office.

As far as the sale in New York that was done by the husband, that would probably go under New York law and I believe they have attorneys at closing so hopefully that was done legally correct. I wouldn't know...I'm a mere FL Realtor, not a NY or Canadian or FL attorney.

Good luck on the sale of your Canadian property.

All the best,
0 votes Thank Flag Link Wed Apr 13, 2011
Legal question confer your question(s) to an attorney OR title company

Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
0 votes Thank Flag Link Tue Apr 12, 2011
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