If I inherit all of my aunt’s estate, can I sell the property without my spouse’s signature?

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If I inherit all of my aunt’s estate, can I sell the property without my spouse’s signature?

I live in FL;  property in ND.

Asked on July 17, 2011 under Real Estate Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Inheritances in most states are considered the separate property of the inheriting spouse and therefore not subject to marital asset laws. If you do not commingle the costs of the property (cost to maintain) and/or income of the property (let's say you have a tenant) with your marital assets, but put the monies back in to the property, then it would not be considered a marital asset and you are free to do with it what you like. If you intend on selling the property, make sure you do not have your husband on any documentation concerning the sale or as part of the negotiations because to do so could imply that the property is also his property. If you inherit your aunt's property but the inheritance is based on an estate planning document (will or trust) and your aunt meant for both of you to have it, then ultimately it is you and your husband's property.


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