Yes, you can sell your house while a domestic violence (DV) case is pending against you, but there are several important factors to consider:
1. Court Orders
- Property Restraining Order: Ensure there is no court order that restrains you from selling or transferring ownership of your property. Courts sometimes issue orders to prevent the disposal of assets during ongoing legal proceedings.
- Maintenance or Compensation Claims: If the DV case involves claims for maintenance or compensation, the court might place restrictions on selling property to ensure that sufficient resources are available to meet potential obligations.
2. Legal Advice
- Consult Your Lawyer: It is crucial to consult with your lawyer before proceeding with the sale. Your lawyer can provide specific guidance based on the details of your case and ensure that you do not violate any court orders.
3. Buyer Notification
- Full Disclosure: Inform potential buyers about the pending DV case. While this is not legally required in all cases, full disclosure can prevent future legal disputes with the buyer.
4. Financial Implications
- Asset Protection: Consider how selling the house might impact your financial situation, especially if you need to pay for legal fees, fines, or compensation.
5. Court’s Permission
- Seek Court Approval: In some cases, it might be prudent to seek the court’s permission before selling the property. This can help ensure that the sale does not interfere with the legal proceedings or result in contempt of court.