Can a married woman sell or gift a property that is in her name only without the consent of her husband?

My mother was left a mobile home when her mother died and now she wants to gift it to me. The mobile home is in her name only. She is married.

Asked on August 16, 2012 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, property that is inherited remains seperate property as long as their can be shown that there was no intent to make the property marital property.  If the title is still in her name then that is a good indication she wishes to have it remain seperate proeprty.  But I would speak with a lawyer about having the husband sign something giving up an interest or right to contest the transfer.  Good luck.


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