Can an inmate write a bill of sale for a trailer?

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Can an inmate write a bill of sale for a trailer?

My bother-in-law just recently went to jail and will be there for 6-8 months. The trailer he lived in, is in his name. He wife is threatening divorce and wants him to sign it to her. It’s on his mother’s land and his mother is paying the note on it. Can he sign it to his mother?

Asked on August 22, 2019 under Family Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

1) Legally, he can sell his trailer to anyone he wants: being in prison does not take away his rights to transact business, to dispose of his property, etc.
2) If he sells it to his mother for less than it's worth, his wife can probably get the sale overturned in court, in her divorce: you can't hide assets from spouses by signing them over to other people without getting fair market value in exchange. He has to make sure he is getting fair market value for it.


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