Re: Can a spouse withold consent to selling the family home for a Debt Settlement?
I think its nmportant to remember that many people have an "attachment" to their "home" and very often it is not regarded as an asset but, rather, as a sanctuary. Some people would prefer to live in penury before they would sell the "family home" and move somewhere more suitable - easier to maintain, easier to heat etc.,etc.
When you look at caselaw also you have to remember that you are looking at a specific set of circumstances with specific people with specific agendas.
Finally, different economic circumstances cause people to behave differently so while it might have been unlikely that a creditor would seek to enforce a Judgment Mortgage in past times, if its a matter of their own survival...........
In broad answer to the original queries though..........
1. Yes. Spouse can refuse to sell. What happens? Either the problem goes away ( very unlikely) or a judgment is obtained against the other spouse, a judgment mortgage is registered on the property , the joint tenancy is severed and the creditor could seek to enforce the judgment mortgage by selling the property but with full account being taken for the one half share not available to the creditors.
2. Happens but by and large unless a transfer is done years in advance of creditors looming a Court would set aside any such transfer.
3. Confirmed - although one possible ground of defence is "I did not know what I was signing" - unlikely to work.
4. The property cannot be sold without their consent - but that withholding of consent can be overcome by a Court order, if appropriate.
mf