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If we purchased a new home after marriage but only my

Customer Question
If we purchased a...

If we purchased a new home after marriage but only my husband's name is ***** ***** and mortgage can he sell without my permission. I made the down payment

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No but I am planning to file for divorce. I sold my house so we could purchase current home. He is in the process of selling his home with a 150k profi

Lawyer's Assistant: Where is the home located?

Chester VA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can I freeze home once I file for divorce

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
5/27/2018
Real Estate Lawyer: Loren, Lawyer replied 2 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,226
Experience: 30 years of real estate practice experience.
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Real Estate Lawyer: Loren, Lawyer replied 2 months ago

Even without being on title, you have spousal rights in homestead property and no title company or lender would clear this to close without your release.

So, yes, you can hold things up as the spouse of the seller.

If you file for divorce prior to the closing it is likely you can get the court to put a hold on the disbursement of proceeds until the issue is settled.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Real Estate Lawyer: Loren, Lawyer replied 2 months ago
Did you have further questions? Have I answered your question? Please let me know, since your satisfaction with my service is important to me.
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Customer reply replied 2 months ago
I am not planning to sell since we are upside down. What is your opinion. I sold my house to by this one and have nowhere to move and no funds. He however is currently selling his house with a $150 profit.
Real Estate Lawyer: Loren, Lawyer replied 2 months ago
Can you see my answer regarding your spousal rights and the consent required by the title company?
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Real Estate Lawyer: Loren, Lawyer replied 2 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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