Can one spouse sell the home without the other?

This question usually arrives in one of two forms: a spouse who wants to sell and can't get cooperation, or a spouse afraid the home will be sold out from under them. The practical answer is reassuring in both directions: home sales require signatures, title companies check carefully, and courts have processes for genuine deadlock.

Why both signatures are usually required

If both names are on the deed, both owners must convey their interest — that part is simple. Less obvious: even a home titled in one spouse's name can carry the other spouse's marital rights, and during a pending divorce, standard orders may restrain either party from transferring property. Title companies look for exactly these issues before insuring a sale, which is why an improper sale rarely makes it to closing.

When one spouse refuses

Refusal to cooperate does not permanently freeze the home. Courts can order a sale as part of the divorce, appoint someone to sign documents when a party will not, and set terms for listing and price. That path runs through your attorney — but it exists, and knowing it exists often lowers the temperature.