Marital Disability does not mean you get to park in a wheelchair accessible space.  Marriage comes with many benefits, but it also comes with a disability regarding sale of your homestead.

There are a lot of different opinions about marriage.  The one the judge has is that you cannot sell your primary residence without your spouse’s permission…even if your spouse’s name is not on the deed.

If you bought a homestead before you got married, your spouse does not own that property, but your spouse can prevent you from selling it.  That is not so much a spousal right as it is a marital disability.

(Note that if you pass away without a will and with the homestead only in your name, then your spouse and children would share in ownership of the house.  However, if you convey the property from you to you and your spouse, then the property ownership goes solely to your spouse without probate or a will.  Please see an attorney to prepare the paperwork for this transaction to help ensure your intentions are properly fulfilled.)