Marital Disability

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.)   Read More

The Pumpkin-Eater & His Wife

Mr. Peter, pumpkin-eater, married a wife and tried to keep her Locked away in his pumpkin shell, But had to ask her permission when it was time to sell. Now Mr. Peter had owned the pumpkin shell as his primary residence when he was single.  He had hand carved it himself just to suit his tastes, and when he married, Mrs. Peter in and promptly hung curtains everywhere and decorated with knickknacks and throw pillows, which the place clearly did not need! Mr. Peter was old fashioned in his thinking and believed he could get rid of his intensive-interior-design wife if he could just sell the place…with her inside.  He was not so much trying to “keep” his wife, but to leave her to a new pumpkin-homeowner. Turns out, though, Mr. Peter had to have Mrs. Peter’s permission to sell their homestead. “But she is not even on the deed!” Peter protested, but to no avail.  Both husband and wife must give consent when it comes to conveyance of their primary residence. The moral of the story is:  Do not try use a real estate sale where marital counseling may work best. Have a Safe & Happy Halloween!   Read More