When you might need court approval to sell your home

Question: When my husband and I divorced two years ago, I was awarded our Surprise home. Although I knew I should have seen a lawyer, I quickly recorded a deed to our twin boys because, if I died, I did not want my ex-husband to be able to sell the ‘family’ home. I am now remarrying, and we are all moving to Ahwatukee. I want to sell the Surprise home but the twin boys are still only 16 years old. My real estate agent says that I have to get court approval of any sale of the Surprise home. If I did not have to get court approval to buy the home, why do I have to get court approval to sell it?

Answer: The law presumes that the ownership of a home or other real property is a benefit to the child, and thus no court approval is required. No such presumption of a benefit to the child exists for the sale of real property. Thus, court approval is required. The process of court approval of the sale of your twin boys’ interest in the Surprise home should not be complex. You should contact a probate attorney to assist you.