Can my husband sell a property without my consent?

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Can my husband sell a property without my consent?

I am separated from my husband for 3 years now because of another woman,he and his brother inherited a property from their parents,and they swapped properties because we live in the property inherited by his brother,and his brother also lived in my husbands property..his brother transferred it to his name,while my husband did not, so the property that was swapped to him by his brother was

still in his brothers name.Now i heard that my husband sold the property,and it was signed by his brother because it is not transferred to my husband’s name yet. Can my husband sell the property without my consent? Can I claim to the proceeds? We have 4 children..

Asked on April 12, 2018 under Family Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

An inheritance to one spouse is one of the few things acquired during marriage that the other spouse does not have an interest in: an inheritance is solely the property of the person inheriting it. So real estate that was inherited by your husband would be something that he could sell without your consent, and the proceeds from inherited property (even if inherited property A and inherited property B were swapped), is something to which you would not have a claim. 


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