Home Selling in Miami>Question Details

George Rodri…, Home Buyer in 33126

My wife is on deed, but not on the mortgage. Can I sell without her consent?

Asked by George Rodriguez, 33126 Wed Apr 23, 2014

Going thru nasty divorce.

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Answers

12
No, but if she won't consent for some reason or another, you could take her to court and compel her to provided you have a legitimate reason to compel her and, that she doesn't have a legitimate reason to deny consent.

she has all negotiable rights to the property as you do without any of the liability if she is on title.
1 vote Thank Flag Link Wed Apr 23, 2014
Hello George,

It sounds like you'll need a 3rd party to help you solve the sale related issues.
Somebody who'll be neutral - like a mediator.
By doing things without your wife's consent you might get yourself in trouble with the law and end up paying more. So, be careful and have an attorney help the both of you out of this situation.

Hope this helps,

Irina Karan
Beachfront Realty, Inc.
0 votes Thank Flag Link Tue Jul 29, 2014
As so many have stated the answer is no. Since you are in the middle of a divorce Im sure you can ask your attorney to address this situation in the divorce decree.
0 votes Thank Flag Link Mon Jul 28, 2014
No you can NOT. She is on the deed so she must sign the paperwork involved to sell the home.
0 votes Thank Flag Link Mon Jul 28, 2014
Sorry, but the answer is No. Because she is on the Deed of Trust, her signatures will be required to sell the property.
0 votes Thank Flag Link Wed Jul 23, 2014
Sorry George but the consensus here and everywhere will be the same, "NO"
0 votes Thank Flag Link Wed Jul 23, 2014
Short answer is no. You can probably find a agent who'll get creative with the wording just to get the listing.
0 votes Thank Flag Link Sat Jul 12, 2014
Hi George,

If she is on the deed she will have to sign at closing and consent to the sale.

You might want to speak with your attorney to figure out how much she would be entitled too. For example if you owned the house before you married her you might be able to work something out. Talk to your attorney..

Good Luck...

Stephanie Leon
Real Estate Broker
Realty Empire
0 votes Thank Flag Link Tue Jul 8, 2014
No, she is on the deed and had part ownership. You will need to meet with a real estate and/or divorce attorney and discuss your options.
0 votes Thank Flag Link Fri Apr 25, 2014
Hi. The answers all coincide you will need her consent since you are both on the deed. Consult with your lawyer and most importantly try to reach an agreement to save time, finances and stress. Best wishes. Feel free to contact me when you are ready to sell.
Thanks
Jackie Nurse
Real Living FSR
305-609-1232
nursejackiehomes@gmail.com
0 votes Thank Flag Link Thu Apr 24, 2014
If you are going through a "nasty divorce" I am figuring you must have an attorney representing you. He/she is the one indicated to give you advice on these matters.
0 votes Thank Flag Link Thu Apr 24, 2014
No sorry. You'll need to work it out with her.
0 votes Thank Flag Link Wed Apr 23, 2014
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