If your house is only in your name, your spouse does not have to sign any papers for you to sell your home. Since, the home does not belong to him, and his name is not on the deed. So, you can go out and sell the home anytime.
To elaborate on the last answer... It may depend on whether your state is a community property state or not. If you already owned your house prior to marrying him, and you never added him onto your deed or mortgage, then you shouldn't need him to sign at all. If you bought the house after you married and if his name is on, say, the mortgage or any other pertinent document that is connected to the house, then it may be questionable. You should probably consult a lawyer then.
I agree check with an attorney. Someone can be placed on a deed which gives them the right to reside in the property but not be on the mortgage. Again, with if the house was purchased prior to marriage or after really does play a role not necessarily on selling but possibly any monies that may be benefited from the sale of the property. With anything legal Its always best to seek legal advice.
Marital property weighs heavily on my mind. I understand that (unless you had a pre-nuptial agreement) legally it's equally his property as well. If not, then it becomes a consensual agreement argument in order to sell the property.
Therefore, in the preparation of all the sale documentation by both parties - it's a prerequisite to follow up on your current marital status to prove that it's a consensual agreement by all attorneys. It's just standard procedure! Otherwise it could be deemed that your trying to sell the property without your husbands consent which will put a halt the sale. Both sets of lawyers jobs are deemed under law to to uphold a specific code of ethics to mindfully represent their clients best interests via full legal protection. This protects both parties at the time of sale against any potentially future lawsuits on all sides of the contractual agreement(s).
It could be held up at time of sale(by both parties) if all notarizations written and signed documentation is improperly prepared. Everything has to be in order to fulfill and secure the sale of the property.( that includes all legal signatures)
Without mutual signatures, signed documentation automatically raises a red flag to proceed for the lawyers prior to the closing.
A truthful disclosure of marital status is surely going to come up! Lawyers are trained and prepared for this to keep things legal. This will need clarification when you sit with any attorney especially when you show up without your spouse. (or other partner(s) if applicable)
It falls under marital property laws which are enforced in all states.
Selling it without his consent or awareness or without any type of mutual consent could bring the gavel down against you by claiming any false statements or unauthorized documentation or statements made by you if it even gets that far in court! Hopefully not!
Otherwise you will have to prove any other statement or documentation that there is any legal mentally or physically of his sound state-if-mind status. It will have to be proven that he is not physically or mentally capable of making any contractual decisions.
I just don't see any other way out for you!
These issues will have to be resolved way before any closing.
I also believe he'll receive one half of the profits including all legal expenses.