How Do Property Laws Affect a Spouse’s Ability to Sell a House?

In Minnesota, the type of ownership you have over a property determines whether one spouse can sell it without the other’s permission. Below are some of the most common forms of ownership for married couples and their implications on selling rights:

1. Joint Tenancy

Joint tenancy is a popular way for spouses to hold title to a property. It signifies equal ownership and control between the husband and wife. Under Minnesota Statutes § 507.02, if the owner is married, no conveyance of the homestead shall be valid without the signatures of both spouses.

Therefore, neither spouse acting alone without the other’s consent and signature can do the following:

Sell
Mortgage
Transfer the home

2. Tenancy in Common

In a tenancy in common, each spouse has a distinct, undivided interest in the property. One spouse owns 50%, while the other owns the remaining 50%. Therefore, each tenant in common is entitled to sell, mortgage, or gift their respective share without needing permission from the other co-owner. However, selling the entire property requires mutual consent.

3. Sole Ownership

If only one spouse is listed as the property owner on the deed, they have the legal right to sell it without the other spouse’s consent. However, Minnesota Statutes § 507.02 requires both spouses’ signatures for the conveyance of the homestead, regardless of whose name is on the deed.

As you can see, the form of ownership plays a pivotal role in determining each spouse’s rights when it comes to selling property in Minnesota. A property division attorney can clarify your rights based on how your property is titled.

Can a Spouse Sell a Home Without Permission in Minnesota?

In Minnesota, both spouses must consent to sell marital property like a home. This is true even if only one spouse’s name is on the deed.

For example, if your name isn’t on the deed, but you live in the home as husband and wife, you still have equal rights. Your husband cannot sell or mortgage the house without your written permission, as stipulated in Minnesota Statutes § 507.02

However, if the home is considered separate property owned before marriage or received as a gift, your spouse may be able to sell without consent. In this matter, seeking legal advice is essential as lawyers are more knowledgeable regarding this matter, ensuring that your rights and interests are protected.

Does It Matter Who’s on the Property Title?

Two other important considerations are who holds the mortgage note and whose name is on the property title.

Mortgage Note: In most cases, even if the mortgage is only in one spouse’s name, both spouses must consent to sell the home before the bank will release the lien. The mortgage holder wants to ensure all owners agree to the sale before releasing their secured interest.
Property Title: If both spouses are listed as co-owners on the title, neither can typically sell without the other signing off, even if one spouse resides elsewhere. Their legal interest in the property gives them a say over any sale.

This demonstrates how the specifics of your mortgage and title impact selling rights between spouses. Consulting family law attorneys in Minnesota can provide guidance on your rights in these situations.

Can a Husband Force the Sale of Jointly Owned Property in Minnesota?

If a home is jointly owned in Minnesota, neither spouse can force the sale without the other’s consent. However, a husband could legally partition the property if his wife refuses to sell.

The court would then determine if partitioning or selling the home is appropriate based on factors such as:

Each spouse’s percentage of ownership
The reason one spouse desires the sale
Which spouse currently resides in the home
The impact of selling on your children
Alternatives to selling, including buying out the other spouse’s interest

Judges often try to avoid a forced sale if it harms one spouse, such as depriving them of their primary residence. Overall, the court aims for an equitable solution that is agreeable to both parties.

Instead of pursuing forced sales, couples should first seek mediation assistance or negotiate through divorce attorneys. Litigation is time-consuming and costly. Hence, understanding the partition process and your rights is wise if your spouse pressures you to sell the property against your wishes.

Protecting Your Rights During a Divorce in Minnesota

Divorce raises the stakes when spousal conflict over home sales occurs. This is mainly the reason why engaging with a divorce lawyer can be a wise move, as it ensures your rights are upheld.

An attorney can prevent your spouse from:

Selling the home without your knowledge or consent
Using proceeds from the sale solely for their benefit rather than fairly dividing the assets
Not accounting for the home’s value properly when splitting marital assets
Forcing you to vacate the marital residence before divorce proceedings conclude

Some spouses mistakenly believe that the name on the deed grants absolute power to sell joint property. However, as discussed above, Minnesota law protects the rights of both spouses, even if one spouse’s name is not on the title.

Don’t let your husband intimidate you with statements like, “My name’s on the deed, so I decide what happens to our house.” Instead, understand your legal options, assert your rights, and take action. With the support of a property division attorney, you can strongly overcome intimidation tactics and prevent unauthorized sales or transfers.

Contact Our Minnesota Family Law Attorneys at Martine Law Today

If you’re facing challenges related to property sales during a divorce or dispute, Martine Law is here to help and answer your questions. Our experienced team provides clear guidance on your legal rights, works to prevent unauthorized property sales, and advocates for a fair resolution in negotiations or court.

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