Is a husband able to remove his wife from their house deed if she is incarcerated.

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Is a husband able to remove his wife from their house deed if she is incarcerated.

The wife is wondering if she has any rights while incarcerated in CA. They had
filed for divorce but it was put on hold during her trial. He told her to sign her
rights over and not fight for anything. Is this her only option at this time.

Asked on September 19, 2019 under Family Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

AJust because someon is incarcerated does not mean that they lose their property rights. This is true even if the property in question is marital property. A husband cannot remove his wife from os deed just because she is in prison/jail. As to just what those rights are is up to the divorce court.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Incarceration or committing crimes has no effect on property ownership or under marital rights as a spouse. The husband cannot remove his wife from the deed for this reason and she does not have to comply. Let the divorce court decide who gets what or how much; she does not have to voluntarily give up anything.


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