• By ItsJustMe, November 9, 2009 @ 6:19 pm If you have a court order granting you sole use and possession, then yes you can.

• By fiyah!, November 11, 2009 @ 7:34 am yep, you def. dont need his consent at this point, and you better do it before You get in more trouble =( guys r such jerks sometimes

• By nolly, November 13, 2009 @ 10:02 pm Whats his problem?Girl sell the house !

• By Lela A, November 16, 2009 @ 6:00 am usually in a court order where both parties own the house, they both sign to sell the house, that is how I did it, with my court order sell of the house, both of us signed the papers to sell the house, the house sold fast and I live in a wonderful place of my own now

• By elsie, November 16, 2009 @ 6:40 am I don’t know the law and they maybe different state by state. It sounds as if he is “forcing” you to be in contempt of the court by not allowing you to sign on with a Realtor, thus not having it up for sale. Until your Lawyer gets in town, can’t you just put up a For Sale by Owner sign and put a listing in the paper, that way it is on the market while you are figuring out legally what you can do.

• By www mittalji.com, November 16, 2009 @ 8:51 pm Horse can kick you.

• By tracieisland, November 19, 2009 @ 11:36 pm if your right about the court giving you sole use and posession then yes, but im in the uk so i dont know what other laws allow by the question your asking your words are not english (they seem to be american/other than british) as in attorney/vacation, so if you are british i do appologise.

• By mike1942f, November 22, 2009 @ 3:39 pm Start by getting written documentation from a couple (or all) of the agents that refused the listing and go back to the court for permission to go lower and for clarification of both court orders. Your lawyer should have someone as a backup. OTOH, considering the housing market, a week is nothing.

• By wizjp, November 25, 2009 @ 7:07 pm THe court order should have come with a requirement that the property be quit claimed into your sole posession. I’d present the order to the realtor explaining that it gives you the right to list and dispose of the property and have them call the court if they disagree.

• By sensible_man, November 25, 2009 @ 10:51 pm When you were in court, a Quit Claim deed should have been signed by your husband. This document turns over all rights to you. Show the Realtor the papers. He could be held in contempt for trying to interfere since he no longer has legal interest in the home. You either have sole use and possession or you don’t.

• By David C, November 27, 2009 @ 6:34 am Not without an order from the court clarifying your authority to dispose of the property. This current order merely gives you possession and use, not authority to sell.

• By don c, November 30, 2009 @ 11:00 am just a thought with a decision as big as this talk to a lawyer NOT people on Y/A

• By sassysuzy, December 1, 2009 @ 3:51 pm I know you have had advice here saying it is okay, but I would counsel you to get legal advice. This is why: If you have been ordered by the court to sell the house for a particular amount and you sell it for less, you will most likely still have to give your ex-husband the same amount of money that you were to give him at the original sale price. Example: If the court said you were to sell the home at $100,000 and split the profit 50/50, then you sell the home for $75,000. You’re ex-husband will still ask for and probably get the same amount of money he would have gotten if the house sold for $100,000. Your divorce attorney did not do a very good job of protecting you. (I learned the hard way, too!)

• By Adie R, December 2, 2009 @ 5:22 am I believe both of you should talk about this first.

• By Kate, December 4, 2009 @ 5:37 pm FYI: I would keep a small notebook or note pad and document everything!!! This is for you protection in the event you are ever questioned about the manner you handled the sale, selling efforts , contact w/ husband, etc. Write down dates, times and summaries of telephone calls and general progress report notes.

• By open4one, December 4, 2009 @ 10:44 pm Okay, all of the answers to the contrary, you DO need your husband’s consent, even if the Court has already Ordered that consent. He is “on the title”, and no Buyer will pay you a dime at closing without his signature on the Deed to them. No competent Realtor will take a Listing on it without his signature on the Listing Agreement, either (although a lot of Realtors will), because the Listing Agreement is not valid without all parties to Title signing that, meaning they might not get paid. There are several ways to attack this problem. One is for one of you (him in this case) to simply sign a Quit Claim Deed of their interest to you. That’s the simplest, cleanest, and best, but also the least likely since he’s probably not going to do that. The next is for him to give you Power of Attorney, authorizing you to sell his share of the house and sign his name as necessary to do so. It’s a maybe, and not a great solution unless it is made “irrevocable”. Neither solves your problem with the court ordering the sale at a price that is too high. What that means is that you have to go back to court, and get them to amend that part of the Order. As long as you are there, I strongly recommend that the Order also be amended to CLEARLY AND UNEQUIVOCABLY give YOU the authority to “Market, sell and convey the Property, and to sign all documents necessary to effect the same on behalf of (husband).” Then you don’t need his consent anymore.

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