Can You Sell a House Without Your Spouse’s Permission? Memphis Homebuyer’s Take
When going through a divorce or separation, can you sell a house without your spouse’s permission? Alan Wright, owner of Pyramid Properties, specializes in helping homeowners work through this challenging process in Memphis, Tennessee. There are options available to sell a marital house fast.
Situations Where a Spouse’s Permission Is Necessary To Sell a House in Memphis, Tennessee
Alan says that the key consideration in a case like this is whether one or more names appear on the property ownership deed. Is spousal consent necessary before selling the home? What’s the property ownership situation?
When both spouses' names are on the deed, both people legally have to agree to sell the property. Even if the couple has separated or divorced, but both of their names remain on the deed, both spouses have marital rights to joint tenancy.
Does one spouse handle the mortgage payments, pay for repairs, and purchase insurance? Both spouses must still formally agree before selling the place. Where spouses disagree, it can be helpful to have a third party manage negotiations.
As an as-is homebuyer, Alan of Pyramid Properties could discuss the situation with both spouses. A stress-free, as-is cash offer may strike an accord.
Situations Where People Don’t Need a Spouse’s Permission To Sell a House in Memphis, Tennessee
Can you sell a house without your spouse’s permission when the spouse’s name is not on the deed? At Pyramid Properties — the “we buy houses in Memphis, TN,” company — Alan says homeowners often ask about this situation. In Tennessee, there are some considerations:
A sole titleholder has the legal authorization to sell their property without the permission of anyone living at the home.
Tennessee is not a community property state, so the law would not automatically count property acquired during the marriage as owned by both parties.
In a community property state, both spouses could have a claim – even with one name on the deed.
About the Company
Alan at Pyramid Properties is a trusted as-is cash homebuyer in Memphis, Tennessee. He tailors the selling process, helping homeowners find hassle-free ways to sell properties in any condition.
So, can you sell a house without your spouse's permission? Yes – it also applies to homes with flood damage, multiple owners, or foreclosure complications. To learn more about the options, call Alan at Pyramid Properties at (901) 504-5555.