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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12554
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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Can a spouse sale property without permission of spouse.

Customer Question

Can a spouse sale property without permission of spouse. Even if title in the salers name only on title but a second mortgage in both names.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 1 year ago.

Hi, and Welcome to JustAnswer,

If title to property is in the name of only one spouse, that spouse can legally sell the property, but the buyer would be foolish to accept a deed signed only by one spouse because the spouse whose name is ***** ***** the deed still has an outstanding marital interest in the property and it will remain as a cloud on title. That is why when a property is sold by one spouse and their spouse does not join in signing the deed, a title insurance company will not insure clear, clean title in the new owner, unless the signature of both spouses appear on the deed.

Please let me know if I have not Answered your question fully, and I will be glad to explain further,

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Kindest Regards,

ANDREA