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

UPDATED: Mar 23, 2012

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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


Hong Shen / Roberts Law Group

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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