In simple terms, the right to sell a homestead rests with joint responsibility. In other words, one spouse cannot sell an effected property unless the other agrees.
In this case, if one spouse owns a property that is protected under Homestead law, and the other spouse is determined to be incapacitated, the property owner can sell the homestead without discussing the sale with the incapacitated spouse.
This right under law is limited by the same constraining processes:
If a non-resident spouse has disappeared. without offering any information on further whereabouts.
If a spouse has permanently quit the homestead, with no intention of returning.
If a spouse has permanently quit the homestead, and the spouses are mutually and legally separated.
If a spouse has been identified as missing as the result of act of war or travel associated with public service.
In the event that one spouse is no longer in residence at the homestead, the property can be sold. However, a legal judgment must accompany a rationale for doing so based on the following circumstances:
If a non-resident spouse has disappeared. without offering any information on further whereabouts.
If a spouse has permanently quit the homestead, with no intention of returning.
If a spouse has permanently quit the homestead, and the spouses are mutually and legally separated.
If a spouse has been identified as missing as the result of act of war or travel associated with public service.
In the event that a petitioning spouse desires to file for the sale of a mutually owned homestead, the petitioner must do so in the county where the property is located. The petitioner must do so by the 60th day after receiving a legal judgment in the matter.