If my son got a divorce hand has a house that's in his name, will his ex-wife be able to sell the house without his signiture or will he have to sell it?
Question Details: I have power of attorney. I want to know what I can and cannot do. She's going to court next week, so I want to know what to expect. Do I have the right to say something on his behalf?
If the house is in his name, his wife cannot sell it at all--only he can. And if he owned it pre-marriage and never put her on the title, she has NO claim to it or the equity/value in it.
But in the divorce, all assets acquired during the marriage are divided between the spouses. That includes things only in one spouse's name, if they were bought during marriage (you can't cheat your spouse from his/her share by purchasing things only in your name). So if the house was bought when they were married, the wife will entitled to a share of it in one way or another. The court could order the home sold and the proceeds split; it could give it to one of them, and give the other more money to compensate; etc.
Rate This Answer: Not Yet Rated
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.
Helping 20 Million Americans a Year for 20 Years. FREE!