if seperated can 1 spouse sell jointly owned home and purchase another and put both spouses names on the deed?

for instance i have a friend who is suppossed to be seperated and she says that her husband sold their home that they purchased during the marriage and bought another home. she says that she was not consulted on this sale & purchase. Also she says that her name is on the deed to the new home and that the reason he could do that was that they are still technically married. i was just wondering if this was possible to add a spouses name to a deed for a house that they had nothing to do with during a seperation.

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  • 1 decade ago
    Best Answer

    I'm a real estate agent in Michigan. First, he could not add her name to the mortgage as she would have to qualify and her signature needs to be witnessed. But if he bought the property for cash that would not be an issue. As far as the deed goes you can "quit claim" your interest to your wife without her signature but you would be giving up your ownership and if reported to the mortgage company that would likely invoke the "due on sale" clause that says if you sign over your interest in the property you owe the whole mortgage now. My question is what kind of fool would give his soon to be ex a stake in his new home. He could get her to agree to not claim an interest pre-divorce. Or wait until the divorce is final.

  • 1 decade ago

    She needs to talk to a civil lawyer because these laws vary greatly state to state. If they are in a mutual ownership state, she has rights to one half the marital assets, including, it seems, the new home's equity. Of course she is also responsible, unwittingly, for half of the liability.

    They really need to work this out in a binding, legal seperation agreement or she may be in from so deep financial trouble.

    Good luck!

    Source(s): life and degree
  • Anonymous
    1 decade ago

    Certainly they can. Not legally, but they CAN do it. I'm not a lawyer, but the term forgery pops into my mind. I can't imagine it being OK to sell ANYTHING jointly owned without a valid signature from all parties sharing ownership.

  • 1 decade ago

    She needs to get her fair share of the house he sold, he had to have forgered her signature to sell it. She needs to contact the seller and let them know he didn't have her consent.

    And find herself a good lawyer and sue the jerk and the seller.

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  • 1 decade ago

    only if both consent.

  • Anonymous
    1 decade ago

    no its illegal

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