First of all, yes, your husband is right. If both of you are legal owners, then neither of you can decide to sell the home, or make the other sell the home, unless directed by the Family court. Getting a court order from the Family Court can be a slow process.

Can a non-owner spouse sell a solely titled property?

Because there are so many ways a non-owner spouse may hold an interest in some portion of solely titled real property, it is often very difficult for the owner to sell the property without the consent of the non-owner spouse.

When does the property belong to both spouses?

As a side note, if the spouse who owns the property deeds the property to both of the spouses after the wedding, the entire value of the property then belongs to the marriage/both spouses.

Do you have to sell your home in a divorce?

However, a marital value can be assigned to a property owned by one spouse prior to the marriage. Any increase in the value of the property during the marriage is a value that now belongs to both spouses. Can I be forced to sell my home in divorce? Yes, the court has the authority to force you to sell your home.

What to do when your husband dies and you want to sell your house?

When you want to sell a house, but its title is in the name of the deceased husband alone, you may need to petition the court for a court order that establishes ownership for his surviving wife.

Can a spouse stop you from selling your house?

If you look at selling the property because your spouse isn’t a joint owner then there is still something they can do to try and block you from selling the property. Your spouse may apply for home rights in order to gain permission to stay within the property, which will obviously mean you are unable to sell for a period of time.

Can a spouse buy and sell a house without spousal consent?

If your spouse has paid towards the mortgage, any home improvements or construction work on the property then they can apply for an occupation order to remain living at the property, which again if granted will mean that you can’t legally sell the property.