November 24, 2023

Can My Spouse Sell Our House Without My Consent During Divorce in Missouri?

Divorce can be a complicated process, especially when it comes to dividing property. One of the concerns that many individuals have is whether their spouse can sell the marital home without their consent.

In Missouri, the laws regarding property rights during divorce can be complex and it's important to understand your legal rights in such situations. Below we look at what’s involved in selling a house during divorce and what the legal rights of each spouse are.

Joint Ownership During Divorce in Missouri

When a couple owns a property together, it is considered joint ownership. There are different types of joint ownership, including joint tenants and tenants in common.

  • In joint tenancy, both spouses have equal rights to the property, and if one spouse were to pass away, the other spouse automatically inherits their share.
  • On the other hand, tenants in common can have unequal ownership percentages.

During a divorce, joint ownership can complicate the sale of property, as both spouses have a legal interest in the home.

Legal Requirements for Selling Jointly Owned Property in Missouri

In Missouri, the consent of both spouses is generally required to sell a jointly owned property during a divorce. This means that if one spouse wants to sell the property, they cannot do so without the other spouse's consent.

However, there may be exceptions to this requirement based on local laws or unique circumstances. It's important to consult with a legal professional to understand the specific legal requirements for selling jointly owned property in your area.

Marital Property vs. Separate Property

To determine the right to sell property during divorce, it's crucial to understand the distinction between marital and separate property.

  • Marital property refers to property that was obtained during the marriage and is subject to division during divorce.
  • Separate property is property that was acquired before the marriage or through inheritance or gift, and is generally not subject to division. However, there are scenarios where separate property can become marital property, such as when it is commingled with marital assets.

Rights and Protections Against Unauthorized Sale

Spouses have legal rights and protections against unauthorized property sales during divorce. If your spouse attempts to sell the property without your consent, you can take legal action to protect your interests.

This may involve obtaining a temporary restraining order to prevent the sale, or filing a partition action to force the sale of the property and divide the proceeds. It's important to consult with a lawyer to understand the specific steps you should take in your situation and to ensure that your rights are protected.

Preventative Measures and Agreements

To avoid disputes and unauthorized property sales during divorce, it's important to take preventative measures. One strategy is to have clear legal agreements in place, such as a prenuptial agreement or a postnuptial agreement, that outline how property will be divided in the event of a divorce.

Monitoring property records can help you stay informed about any attempts to sell the property without your consent. Clear communication and seeking legal advice can also play a crucial role in navigating property matters during divorce.

Can I legally Sell My House As-Is for Cash During Divorce?

If you're going through a divorce and considering selling your house, you may wonder if you can sell it as-is for cash. A cash home sale is when you sell your house to a buyer who offers cash instead of going through traditional financing.

During a divorce, selling your house as-is for cash can be a legal option, as long as both spouses agree to the sale. This type of sale can have benefits, such as a faster closing process and avoiding the need for repairs or renovations.

Sell Your House Fast in Kansas City, Missouri

If you need to sell your house fast but don’t want the hassle of a traditional home sale, contact KC Real Estate Buyers. We buy houses as-is. No repairs are needed. Avoid closing costs and realtor commissions. Close in as little as seven days. Call 816-659-2259 to get a fast cash offer from our local home buyers in Missouri.

    Get Your Fair & Honest All-Cash Offer Today! No Obligations!

    By submitting this form, you agree to our Conditions of Use and Privacy Policy. You may receive both automated and personal text messages. Reply STOP at anytime to opt-out.

    Or Call Us Now At 816-659-2259