Legal Question in Family Law in Missouri

married and tring to sell

i am tring to sell a house that i bought two years before i got married. my wife's name is not on the deed can she block me from selling?

Asked on 4/12/04, 5:24 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law
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Re: married and tring to sell

I believe that most, if not all, title companies would require your wife to sign some sort of "marital waiver" in conjunction with the sale of this real estate. The reason is that even though you bought the property prior to the marriage, your wife may have some legal interest in it. If you were involved in a divorce, your wife may claim an interest in relation to the amount of "marital assets" that went into the mortgage payments or into improvements made to the property after the marriage. Therefore, I believe the short answer to your question is "yes". Perhaps your wife will agree to simply sign whatever documents are required to be signed in order for the property to sell. If not, you may be able to offer some type of settlement to her to obtain her cooperation. If you are located in the Eastern part of the state and you are not already represented by legal counsel, you may call me for a free telephone consultation at 314-727-2822. I will be happy to help you if I can.

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Answered on 4/12/04, 9:40 pm

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