Can My Spouse Sell the Marital Home Without My Consent in Michigan?
It is one of the most frightening questions in a deteriorating marriage: can my spouse just sell our home out from under me? In Michigan, the answer depends on whose name is on the deed, whether a divorce has been filed, and whether the property is the marital homestead.
Start With the Deed: Whose Name Is on Title?
Title and mortgage are two different documents. Title (the deed) controls who owns the property. To sell a Michigan home and convey clean title, every person named on the deed generally has to sign the closing documents. Most Michigan marital homes are titled as ‘tenants by the entirety,’ which means neither spouse can sell without the other’s signature.
What If Only Your Spouse Is on the Deed?
If the home was purchased before the marriage in your spouse’s name only, or if you signed a quitclaim deed at some point, you may not be on title at all. Michigan abolished dower in 2017, so a spouse not on title generally cannot block a sale based on dower alone.
The Game-Changer: Filing for Divorce
The moment a divorce complaint is filed in Michigan circuit court, automatic restraining orders typically take effect. These orders prohibit either spouse from selling, transferring, or encumbering marital assets, including the marital home, without court permission or written consent of the other spouse.
Lis Pendens: The Public Warning Sign
Once a divorce is filed, your attorney can record a Notice of Lis Pendens with the county Register of Deeds. This puts the world on notice that the property is subject to litigation. No competent title company will issue a clean title policy on a home with a lis pendens, which effectively freezes any attempted sale.
What About Tricks Like Quitclaim Deeds to Relatives?
Michigan courts can void fraudulent transfers made in anticipation of divorce. The Michigan Uniform Voidable Transactions Act allows a defrauded spouse to claw back assets transferred without fair value when the transferor intended to hinder or delay a creditor (including a divorcing spouse).
When You Need to Act Fast, Call Offer Now Michigan
Whether you want to protect yourself from a unilateral sale, or you and your spouse have agreed it is time to liquidate the marital home cleanly, Offer Now Michigan can help. Call (810) 547-1135.