Can my spouse sell or mortgage our house without my consent?
Last updated: 2026-07-12 · Educational content; not legal advice.
Short answer
Generally no. Under the Family Code (Executive Order No. 209), property acquired during the marriage usually belongs to the spouses jointly — either the absolute community of property (the default for marriages from August 3, 1988 onward with no prenup) or the conjugal partnership. For both regimes, the sale, mortgage, or other disposition or encumbrance of community/conjugal property requires the written consent of BOTH spouses (Family Code Articles 96 and 124). A sale or mortgage made by one spouse WITHOUT the other's consent (and without court authority) is void, although the law treats it as a continuing offer that the non-consenting spouse can still accept. Exclusive/paraphernal property (for example, something a spouse owned before the marriage or received purely by inheritance) can generally be dealt with by that owner-spouse alone — but the family home enjoys extra protection. If your spouse is trying to sell or mortgage the conjugal home without you, put your objection in writing and seek legal advice quickly.
Primary sources
Frequently asked
Is a sale by one spouse alone valid?
For community or conjugal property, no — Family Code Articles 96 and 124 require the written consent of both spouses (or court authority). A disposition or encumbrance by one spouse without the other's consent is void, though the law treats it as a continuing offer that the non-consenting spouse may still accept.
Does this cover a mortgage, not just a sale?
Yes. Articles 96 and 124 refer to any disposition or encumbrance of community/conjugal property — that includes selling, mortgaging, or otherwise burdening it. All require the consent of both spouses.
What if the house is my spouse's exclusive property?
Exclusive or paraphernal property (owned before the marriage or acquired purely by gratuitous title such as inheritance) can generally be dealt with by the owner-spouse alone. But the family home carries special protection, so confirm the property's classification and the family-home rules before assuming a one-spouse sale is valid.
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