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FamilyAnswer, Lawyer
Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hello, I am married since 1996, separated from my husband since

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Hello, I am married since 1996, separated from my husband since 2001; I live in florida; I own an apartment in my name, but the mortgage is in my husbands name; I paid the mortgage entire every month by myself; as our doughter is turning 18 next year I am intending to sell the apartment and think about getting at some point a divorce what I did not because of her; my question do I need my husband permission in order to sell the apartment? he did not care for me in all this years; thank you Carin
Submitted: 3 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 3 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Can you please clarify when the apartment was purchased? Was it during the course of the marriage?
Customer: replied 3 years ago.
Hello, I purchased the apartment after I separated and lived ther always alone with our doughter and dog; my husband hardly visited;the original mortgasge was on my name; then he needed money for paying his high credit cards and for 2 weeks tha partment was in both names in order he got the mortgage then again in my name; thank yoiu
Expert:  FamilyAnswer replied 3 years ago.
Carin, thank you for the additional information. Based upon what you described above, you will likely need the permission of your husband to sell the apartment. This would be a result of the apartment being purchased during the course of the marriage, the apartment and mortgage being in BOTH names at one point, the fact that equity was taken from it to pay his credit card bill and other things which go to show a joint interest/ownership. If you were to list and sell the subject property, you would be asked by your Realtor and even at the closing, if you are married and it would require him to sign off on the sale, so it could close. If you were to divorce he could make a claim to a legal right/interest in it, so it can not just be sold now, with his consent. I know you stated above that he did not care for you all these years but that it not necessarily a basis to just be able to sell it without his knowledge. You may want to speak with him and try to work something out, so you obtain something in writing if he agrees to sell this, so he does not come back and try and make another claim when you divorce and need to divide the marital assets and debts.

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