How do I prevent my spouse from selling or giving away our property w/out my consent?

[topgun129]

What is the name of your state (only U.S. law)? Illinois

Hi,

Long story short, my spouse is very secretive about his finances and has never shared much of what he makes or spends with me. I have repeatedly tried to make a joint will with him but he doesn't agree. His health isn't great and I don't want a financial mess if something were to happen to him.

My main concern is, we have a joint property (both names on the title). I know when you want to sell a property you have to have both owners signatures, but my concern is that in the past he has signed my signature w/out me knowing (for example tax papers). How can I prevent him from selling our property by doing the same thing? Is there someway to secure the property legally so he cannot sell it w/out my physical presence? Also what would happen if he designates some beneficiary of our property in a will that I don't know about and passes away, even though my name is on the property?

Thanks!

 

[Eekamouse]

What is the name of your state (only U.S. law)? Illinois

Hi,

Long story short, my spouse is very secretive about his finances and has never shared much of what he makes or spends with me. I have repeatedly tried to make a joint will with him but he doesn't agree. His health isn't great and I don't want a financial mess if something were to happen to him.

My main concern is, we have a joint property (both names on the title). I know when you want to sell a property you have to have both owners signatures, but my concern is that in the past he has signed my signature w/out me knowing (for example tax papers). How can I prevent him from selling our property by doing the same thing? Is there someway to secure the property legally so he cannot sell it w/out my physical presence? Also what would happen if he designates some beneficiary of our property in a will that I don't know about and passes away, even though my name is on the property?

Thanks!

Is his the only income in your marriage?

 

[FarmerJ]

http://www.divorce-law-illinois.com/division.html ( I was curious if your state was community property or not so I looked it up) then you may want to consider searching for real estate just to learn what he may have out there that was in his name only, You didn't say what county you are in but for example if your in the Chicago metro area what you may want to do is to go in person to your county government center ( or maybe they will do it over the phone for you ) and search for property records by name ( his name ) If by chance your in the Chicago metro area there are five? or six ? counties that would be worth searching or at least your own county and nearby ones anyway if he had real estate in his name that you didn't know of its pretty fair odds that it will be in the same county as the one you live in or a nearby one. Another way to find out might be to use a paid search engine and pay for property records search by name then at least you can learn of what he may have in real estate out there that he didn't tell you about , you might want to talk with a divorce attorney who rather than filing for a divorce can tell you the best ways to protect your legal interest in real property would be and maybe the attorney can arrange for property records searches for you, (searching to be in his name only and yours and his name )

 

[LdiJ]

What is the name of your state (only U.S. law)? Illinois

Hi,

Long story short, my spouse is very secretive about his finances and has never shared much of what he makes or spends with me. I have repeatedly tried to make a joint will with him but he doesn't agree. His health isn't great and I don't want a financial mess if something were to happen to him.

My main concern is, we have a joint property (both names on the title). I know when you want to sell a property you have to have both owners signatures, but my concern is that in the past he has signed my signature w/out me knowing (for example tax papers). How can I prevent him from selling our property by doing the same thing? Is there someway to secure the property legally so he cannot sell it w/out my physical presence? Also what would happen if he designates some beneficiary of our property in a will that I don't know about and passes away, even though my name is on the property?

Thanks!

If you are talking about real estate, it would be nearly impossible for him to sell the property without your knowledge and approval. You would have to be present at closing or you would have to give him a POA to act on your behalf. He also cannot will away your share of the property either. If the property is held as joint tenants with right of survivorship (which is standard for married couples) he cannot will the property to someone else at all.

 

[STEPHAN]

or you would have to give him a POA to act on your behalf.

Just to add: The POA would have to be notarized, so he could not fake it.

 

[FlyingRon]

If the property is held as joint tenants with right of survivorship (which is standard for married couples) he cannot will the property to someone else at all.

In fact, in Illinois now, property can be held as tenancy by the entirety and likely if it was acquired after the law changed (2011), that is how it was so deeded.