But in general, if the title has the husband's name “and” the wife's name on it, both must sign to sell the property. If the title has both names with an “or” between them, either spouse can sell it without the other one. Ask a lawyer where you live.
What is a Default Divorce in California? If due diligence fails and the spouse successfully avoids the attempts to serve the papers, the process moves into a default divorce process.
Marital property covers any assets or debts obtained by you and your spouse during the time you were married. This includes any real estate you acquire, even if your ex's name is not on the deed. The property is subject to equitable division in this situation.
In all circumstances, your spouse will need your approval to legally sell the home if you are on the title.
Property is generally divided equitably between the spouses, in that separate property stays with the spouse who owns that property (such as vehicles acquired before the marriage, or third-party inheritance or gifts).
Yes, you can file and obtain a divorce in Georgia without the other party's consent. However, if you have children or assets to divide, the case is much more complex than that. You should discuss YOUR case with an attorney to see if you can file simply for a divorce or if your case will require professional assistance.
Georgia makes it a crime to secretly record a phone call or in-person conversation "originating in any private place" unless one party to the conversation consents.
No, you cannot sell the house without the consent of your husband. In most cases, both spouses must agree to the sale of the house and sign the necessary paperwork in order for the sale to be valid.
Stay calm. Talk to your spouse. Try to understand what made your spouse come to this decision. Talk about how you will pace yourselves as you move toward divorce. Consider nesting for a period of time if you have children. Discuss a non-adversarial process. Accept and let go.
Can My Spouse Stop a Divorce in Georgia by Claiming They Don't Want a Divorce? If a spouse refuses to sign the divorce papers because they do not want a divorce, there is no need to worry. Georgia has both fault and no-fault grounds for divorce.