Is it legal for a spouse to sell property without his spouse’s consent?

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Is it legal for a spouse to sell property without his spouse’s consent?

My husband just died last .month While sorting through his business I found out that my husband sold the property that we lived on to his brother after we were married without my consent. We were married for 11 years and paid the morgage on that property the whole time we were married. I was wondering if that was legal and if I would have any rights to that property?

Asked on March 23, 2012 under Real Estate Law, Texas

Answers:

Hong Shen / Roberts Law Group

Answered 8 years ago | Contributor

In community property states like Texas, certain household items, regardless whether it is community property or separate property, such as the house, cannot be sold without your consent. Even if this is his separate property, you still need to quitclaim the deed. However, he could freely will away the house if it is his separate property or his half if this is community property. The fact the you paid the mortgage together, assuming from wages, will generate community property interest in the house that you are entitled to half. You should hire an attorney to do a title search first and find out who owns the house now and file a claim against the third party to set aside the sale if it was made within a certain time period or at least get your half of the community interest back.


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