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divorce and name on deed

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LillianLusk

Guest
What is the name of your state? south carolina

I want a divorce but can't prove any kind of grounds although there are plenty. I will have to go the route of 1 year separation. The problem is my husband won't leave the house. I would leave but we have 1 child and I have another by a previous marriage. My name alone is on the deed and mortgage. I purchased the home only 1 month before our marriage in 1997 so I know he is entitled to his share of the equity. My question is, can I sell the house without his consent? This is the only way we can dissolve this living arrangement without me leaving. He tells me if I leave he would not make the monthly payments. My credit, not his, would be ruined. I would have to make the payment and pay rent on another home as well. Please tell me what I can do to get away from him without becoming financially ruined. He knows he has me trapped.
 


JETX

Senior Member
Q1) "My name alone is on the deed and mortgage. My question is, can I sell the house without his consent?"
A1) As long as his name is NOT on the title (deed), you are free to sell the property, with or without his consent. Simply, he has no legal standing as to ownership.

Suggestion:
Tell him that you feel it is important that you get away for a few days..... however, you can't because of the kids..... so offer to send HIM to Cozumel/Cancun/wherever for a paid 3 day vacation. While he is gone, list the house with an agent, pack everything, change the locks and move (to a friends, parents, etc.). Also, call the police and tell them that you are the sole owner and do not authorize any others to enter. That way, if he calls them for help to gain entry (because of his address on license), they are on notice.
 

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