Many people believe that by virtue of holding ownership of a property, the owner may convey the property as they wish. This is not always the case when an individual is married. A home may be owned by only one spouse. The owner of the home may choose to sell or convey the marital home to another individual, without the consent of his or her spouse. In situations such as these, the spouse who failed to give consent, or the “non-joined” spouse, may have a claim invalidating the conveyance through claiming the homestead exemption.
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