Can I sell my house?

[zhuzha]

Minnesota

My husband and I bought our house with the mortage in my name but the 20% downpayment came from my husband's money. Can I sell the house even if he protests?

[AL HR]

Who's name is on the deed?

[zhuzha]

Mine. He was not eligible based on unpaid debts in another state.

[nextwife]

He likely has a marital interest in the place. No title company will insure the sale of the marital homestead by one spouse, even if in their name alone, unless there exists a prenup establishing an agreement that the place remain seperate property, or a court order.

[url]http://www.divorcenet.com/states/minnesota/mn_art03[/url]

. Marital Property.

In Minnesota, all property acquired during the marriage by either party is presumed to be marital property. This means that earnings and property acquired by either spouse are viewed as joint property. The philosophy underlying this is that marriage is a full partnership, and that the contributions of a homemaker are equal in value to those of the bread-winner. This marital property includes pensions and retirement investments acquired or earned during the marriage, as well as equity in property built up during the marriage.

The controlling legal principle which determines the Court's division of marital property is the rather broad standard of what is "just and equitable." In general, this means that each party gets half the value of all the marital assets.