What happens to joint assets if a spouse is in jail? Is the other spouse allowed to sell jointly-owned property?
One member of a married couple is on trial and will be incarcerated for an undetermined length of time. What happens to the jointly-owned assets in this kind of situation? Specifically, how would one go about dividing up and/or selling any jointly held properties while the other spouse is in prison?
What you haven't mentioned is whether the incarcerated spouse is willing to cooperate with the process. If he or she is willing to sign the necessary documents (the incarcerated person will always be able to sit at a table with his or her lawyer) -- or a power of attorney, to allow someone not in jail to sign them in his name -- then it's not really a problem.
If there's no cooperation, and the other spouse wants a divorce, the courts will usually issue an order allowing the one spouse to sign the other's name to a deed, or whatever, if necessary to carry out a property division that has been ordered.
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