Can A Spouse Unilaterally Sell The Marital Home
The answer to whether a spouse can unilaterally sell the marital home is that it depends. It depends on two (2) main circumstances specifically:
How the Property is titled: If the property is in your spouse’s name alone then the property can be sold without your approval. In all circumstances, your spouse will need your approval to legally sell the home if you are on the title.
When the sale occurs: If the property is sold during the pendency of the divorce and/or formal divorce pleadings have been filed then the sale would likely be in violation of the court’s standing order. An upcoming sale may be prevented and/or damage minimalized if the appropriate steps are taken.
If the sale of marital property happens in contemplation of divorce but before the official filing, then there are remedies that the court can take depending on several factors. The spouse that is not on the deed should not wait around. Being proactive is the best remedy to this possibly costly situation.
If you need an experienced divorce attorney to assist you with protecting your legal rights regarding marital property, call Lunn Law LLC at (770) 740-6350.
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This firm is very professional! Although we did not always understand the process, Robin was always there to help! She continually followed up with us and kept us informed as we waited and whenever I had questions, she replied immediately!
This firm is very professional! Although we did not always understand the process, Robin was always there to help! She continually followed up with us and kept us informed as we waited and whenever I had questions, she replied immediately! Once our case was finalized, all documents were sent to us in a very professional notebook with a check containing the remainder of our balance! I can definitely recommend this Lunn Law firm!
Lunn Law LLC is hands down the best law firm I’ve ever done business with. They are warm and inviting. I felt like I was part of the family. My very first consultation with attorney Tiffany Lunn-White started with her asking me to speak about myself personally. And that did it for me. They were very thorough and on point with everything I needed. I highly recommend this firm.
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