If parents gave part ownership of a house to their son after he was married, can he sign the house back over withouthiswife’s consent?

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If parents gave part ownership of a house to their son after he was married, can he sign the house back over withouthiswife’s consent?

Asked on March 1, 2011 under Real Estate Law, New Jersey

Answers:

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

Answered 10 years ago | Contributor

That depends is the best answer you are going to get in this type of forum and without knowing more.  Is the house in just his and his parent's names?  Is it a house that his wife and he lives in (their marital home)?  Generally speaking if they gave it to him as say part of his inheritance and he kept it separate from his assets with his wife then it is considered separate property and he can do with it as he pleases.  I am assuming that he is just signing the house back over to his parents, correct?  Double check with an attorney in your area but I think that he is clear here.  Good luck.


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