Can My Spouse Sell Our House Without My Permission?

If you are in the middle of a divorce, your spouse cannot sell your house without your permission.  It does not matter if your spouse is the only person on the deed.  Once a divorce action is filed, there is the issuance of the “Automatic Orders.”  The Automatic Orders are Court Order’s that prevent both spouses from engaging in certain activities, including selling your house. For example, the Automatic Orders, state in part the following:

ORDERED: Neither party shall sell, transfer, encumber, assign, remove, withdraw or in any way dispose of, without the consent of the other party in writing, or by order of the court, any property (including, but not limited to, real estate, personal property, cash accounts, stocks, mutual funds, bank accounts, cars and boats) individually or jointly held by the parties, except in the usual course of business, for customary and usual household expenses or for reasonable attorney’s fees in connection with this action.

If your spouse does sell your house without your permission, there would be serious financial penalties and possibly criminal penalties against your spouse.

If you have a question about the Automatic Orders or about your house, then contact David Badanes, Esq. and the Badanes Law Office, P.C.  David Badanes has represented countless clients in their divorces and can help you.

If you are thinking of getting divorced, and live in Suffolk County, Nassau County or New York City, call David Badanes and the Badanes Law Office at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com.  The Badanes Law Office has offices in Northport and Uniondale.

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