Property Question


#1

I am recently separated, I owned my home prior to our marriage. Last year I re-financed under my name, however my wife signed the Deed of Trust for the mortgage company. I have been solely responsible for the mortgage, utilities, etc… prior to and during our marriage, I did a substantial amount of work to the house personally and financially. My wife left the home and took all of her personal and marital belongings with her; however, my question is about the potential sale of my home. Since the initial date of separation I have been wanting to sell the house and move away from this particular area to aide in moving on with my life. I was told by a real estate agent that I would have to get spousal consent to sell my house? I am wondering what the process is involved with attempting to get my home sold during my separation. Any help/advice would help greatly.

Thank You.


#2

The home is your separate property in large part, as it was purchased before the marriage, however you wife likely has some martial interest on the home due to the increase in value using martial efforts/ funds during the marriage. You will need your wife to sign a release of her martial rights in and to the home. Ideally, you would want her to execute a separation agreement and property settlement that deals with all of your martial property.