I have property I’d like to sell. My husband filed papers stating I can’t sell it. Its in my name, I’ve paid the taxes. Can he stop me? Debbie

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I have property I’d like to sell. My husband filed papers stating I can’t sell it. Its in my name, I’ve paid the taxes. Can he stop me? Debbie

Asked on May 19, 2009 under Real Estate Law, Texas

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Texas is a Community Property state.  This means there are two types of property--separate, and community.  Separate property is property you owned before marriage, property acquired any time by gift or inheritance, recoveries for personal injury, or property exchanged for one of these.  Community property is any property that does not fall into one of the above categories, acquired during the marriage, even if it is only in one spouse's name.  If your property is community property, you cannot sell it if your husband does not want to because it is also his.  If it is your separate property, your ownership must be proven, usually by tracing the property from the date of acquisition to the present date.  To the extent that community income (income of the marriage) has been used to pay the mortgage or the downpayment, that percentage of the property becomes part of the community and is no longer separate.  Speak to an attorney in your area for more information.

 

 

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm not a Texas lawyer, and I don't know exactly what kind of papers your husband filed.  You need to get into all the details with an attorney in your area, preferably one with experience in both real estate and family law.  One way to find a lawyer is to go to our website, http://attorneypages.com

There are a number of facts that might make a difference here.  Some of these are when you bought or became the owner of the property, and how.


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