Hello,
If the property was purchased during the marriage with community funds, then even if your name is not on the paperwork, you have a legal interest in the property. Therefore, your husband should not be able to sell the property without your approval.
However, if the property was purchased during the marriage but with your husband's separate funds (such as from an inheritance or selling a home he owned prior to your marriage) then you would likely not have any interest in the property unless you contributed to payments or payments were made during the marriage with community property (such as his or your earnings from your jobs).
If he is insistent on selling the property, you may be able to file for a declaratory judgment having the Court declare that you and he have a community interest in the property. Of course, suing your spouse is often not a sign of a happy and healthy marriage.
An attorney can help you determine what legal rights you have based on the specific facts of the property's purchase and the documentation but additional details would certainly be required.
Sincerely,
James M. Ringel
Answered on Mar 22nd, 2023 at 9:57 AM