In Texas can a wife sell the house without the husband agreeing?

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In Texas can a wife sell the house without the husband agreeing?

The husband has paid the mortgage payments. They are separating, and the wife already moved out of the house. The wife listed the house for sale with a realtor without the husband agreeing on the selling price, or even signing the listing agreement. Can this be done?

Asked on February 8, 2017 under Real Estate Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unless there is a court order which prohibits her from selling something, a wife in Texas can list a piece of property in her name for sale... and sell it.  However, if the propety is in both of their names, she can only list it, but she will not be able to sell the property without Husband's consent as a co-owner.  To sell it would require her to commit forgery...which can be felony in Texas.  Husband should visit with a family law attorney and immediately seek a restraining order to halt any sale of assets.  Even if the property was wife's separate property, husband may have a reimbursement claim so that he can get some of his funds back from the sale... should it proceed forward.  To make this claim, husband should gather as many documents as possible to verify the payments he has made on the house from his or community assets.


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