Can my estranged husband sell house without my signing?

My estranged husband and I have been married for 26 years, live in California and are currently going through a divorce. We own a house together and found out today that he had enlisted a lawyer and signed a agreement with a realtor to sell the house without my consent? How is this possible? I am listed on both the mortgage and the deed. Doesn't he need my signatures as well to list and sell the house?|||If you both intended to reconcile, California has provisions in it for community property rights.





However, selling the home without your consent may subject the purchaser to an adverse proceeding by you, to regain possession.





In other words, though it is a community property state, selling property that is titled jointly, can in many cases land the purchaser in a lot of hot water.





I can see a quiet title action coming. However, that said, if you have no intent to remain married, if there is a divorce you two would be tenants in common. Or if you were tenants in common at the time the deed was signed over to you, and subsequently got married, then he could theoretically attempt to sell his 1/2 interest.





But again a purchaser would probably have trouble with you at some point.





The facts are thin, and I would recommend retaining a good attorney to advise you on this. Being a community property state, one spouse could theoretically bind the other in a real estate contract, provided however you have an ongoing marriage. If there's a pending divorce, that muddies up two things: probates and real estate.|||Refer this to your attorney.|||No, he can't just sell it without your consent. Just because he has contacted a realtor to sell the house doesn't mean it's sold. The odds are pretty good that the divorce court is going to order the house sold and the proceeds split (assuming there's any equity in the house). This includes selling it to the other. So, yes, it sounds intimidating, but nothing can be done without your consent. However, it's also prudent to get your attorney involved.|||Maybe you'd like to hire a lawyer, to iron out all the loose ends.





Maybe he didn't tell you about the house sale, because he doesn't want you to know. If your name is on ANY of the paperwork, you have a right to know. I don't know, maybe there's a legal stipulation about your signature also having to be on the bill of sale, or whatever your state calls it ???