Can my spouse put our house up for sale without my consent?

If you and your spouse are joint owners of the property, they cannot sell it without your consent as both parties must agree to the sale, and sign the legal documents.

If the property is in your spouse’s sole name, and this is where you both reside, you can prevent a sale by registering a Matrimonial Home Rights Notice with the Land Registry. This will protect your right to live in the property and prevent a sale without your consent. 

You should immediately notify the Estate Agent of your rights to the property, and your objection to the property being marketed for sale. An Estate Agent will probably withdraw the property unless there is complete agreement to sell.

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