One spouse trying to sell the family home without consent of the other
I see this question a lot. Sometimes both spouses own a home and the deed lists both as owners. Other times, only one spouse owns the house.
In either instance, the answer is “no”. One spouse cannot sell the couple’s residence without the consent of the other.
Does it matter what the deed says?
If both spouses are on the deed, then the simple fact that they are joint owners means both have to consent to the sale.
But, if only one spouse owns the house, the other spouse is still protected by Mississippi’s homestead law.
Long ago, it was common for the husband to own the house and land but not the wife. To protect the wife, Mississippi passed a law that required the wife to agree to the sale before the husband could sell the property.
This right is called a “homestead right.” It effectively gave the wife a veto power over any effort of the husband to sell the home or to put a mortgage on the home.
A spouse has a homestead right if the property is the primary residence of a couple. (There are also some exceptions, such as one having wrongfully forced the other to leave.)
Who has a homestead right today?
Today, the right is available to both a husband and wife. Both have to sign any deed or mortgage on their home, regardless of whether both are legal owners.
If you have a problem with your spouse trying to sell your residence, call the Panter Law Firm for a consultation. 601-607-3156