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Impact on the Real Estate Sale if you Spouse Died Before Completing the Sale

July 22, 2019

Impact on the Real Estate Sale if you Spouse Died Before Completing the Sale

Death of your spouse can be quite impactful on your life but life goes on and you have to complete all the regular work in your life. You need to make sure that you set your life back on track by doing all the required things. If you were planning to sell your house and have not completed the paperwork then you need to settle on something. The question which comes to everyone’s mind is Can I sell my house if my husband dies? One this which is very important in order to sell your house is to have the deed to your name only.

You can contact your lawyers in order to change the deed solely to your name. There might be some benefits like tax exclusion which you can enjoy. For this, you need to sell the property within two or fewer years. The tax exclusion is when you were married before your husband died. So make sure that you know about such things when you are selling your property. This might be able to provide you some insights regarding Can I sell my house if my husband dies?

Conditions under which you can sell your property

Real estate is one of the few exceptions where a court might permit you some relief due to certain issues. Due to the death of your spouse, you might face issues when you are selling a property. But if both you and your husband were planning to sell your house and with an untimely death, it might be put to halt. There are laws which state that if you and your husband have shared ownership of the property then you can sell it without any issues. The lone survivor among the couple will automatically get the complete ownership. This might answer the question like Can I sell my house if my husband dies?

Most of the married couples share the ownership of the real estate property and in shared ownership, the surviving partner will be able to get all the property to their name. So you have the right to sell your property at any time you want and avoid various types of issues with it. You won’t get into any troubles if you are planning to sell your property after the death of your spouse.

Legal issues which you might Face

As mentioned above that if have shared ownership then you will not face any troubles. But if you do not have shared ownership then you might face some issues. You might be facing some serious issues if your partner has signed a contract regarding the sale of your house. You might not get into legal trouble but you will also not be able to get any benefits from the sale of your property. For this, you to wait in order for the will of your husband. So you need to get the ownership of the property in order to know Can I sell my house if my husband dies?

You need to wait until the will of your husband is announced and if he names the property to you then you will be able to decide the sale. If the property is not on your name then you have no right on the property. Even if you get the ownership to the house you might not be able to sell it immediately and has to wait for a considerable amount of time. This might be able to clarify your queries about Can I sell my house if my husband dies?

Conclusion about the Real Estate Sale After the death of Spouse

So this is the thing you want to know for Can I sell my house if my husband dies? Make sure that you and your husband share the ownership of the property. A legal contract is final and will be enforceable for all the parties who have signed on it. If any person or concerning party break the terms of the contract then he or she has to face the consequences. Generally, these consequences will be the payment of the loss that the breaching of the contract incurs on the other person. So you need to make sure that you do not go against the signed contract which can bring legal troubles for you. Sometimes the court might order you to abide with the contract along the with fine to ensure that the other party does not face any damages.

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