QUESTION
Can my husband sale a property he inherited from his mother without my consent?
Asked on Feb 25th, 2014 on Litigation - California
More details to this question:
My husband who inherited a portion of his mom’s home and property sold it to his brother without my knowledge or my signature. Do I have a right to it?
25 ANSWERS
Michael J. Breczinski
In Michigan that is his separate property and he can do what he wants with it.
Answered on Mar 04th, 2014 at 3:30 PM
Anna Tarasyuk
In California, inheritances are generally separate property, so unfortunately, yes, your husband can do what he wants with his inheritance.
Answered on Mar 03rd, 2014 at 6:50 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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An inheritance is usually the separate property of the person receiving it. The spouse of that person usually has no right to the property or any proceeds from its sale.
Answered on Feb 27th, 2014 at 4:26 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No, you do not have a right to the property. Depending on how the inheritance was handled, you may not have had to sign anything. On the other hand, you may have had dower rights in the property. If your husband acted fraudulently to sign, (such as indicating that he was a single man, for example), then you may have a claim against him. If you have concerns, you should have an attorney review the paperwork.
Answered on Feb 27th, 2014 at 4:25 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If the inheritance was directly to him and not to the both of you, sure he can. The inheritance came from his mother. Just as you are free to do anything you want with any family inheritance you receive from your family.
Answered on Feb 27th, 2014 at 4:24 PM
This is separate property as inheritance. You have no rights to it.
Answered on Feb 27th, 2014 at 4:24 PM
Usually, no. A person's inheritance is specific to him or her and the spouse doesn't have an automatic claim to either the property or the cash obtained from selling it.
Answered on Feb 27th, 2014 at 4:24 PM
Estate Planning Attorney serving Baton Rouge, LA
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The Stutes Law Group LLC
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An inheritance is separate property. The person who inherited the property may do what he wishes with it, as a spouse has no interest in it.
Answered on Feb 27th, 2014 at 4:23 PM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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You have no marital interest in inherited property of your spouse..
Answered on Feb 27th, 2014 at 4:23 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Why would you have any right to it? Were your funds spent on it? Do you have a contract that gives you some right to it?
Answered on Feb 27th, 2014 at 4:23 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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No you have no right to the property interest of your husband received as a gift from a will.
Answered on Feb 27th, 2014 at 4:22 PM
Thomas Edward Gates
Property inherited is considered personal property and the individual may do as they please with it. Thus, you have no rights to the matter.
Answered on Feb 27th, 2014 at 4:22 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If you are in Oregon, and he took title to the property in his name, then no. Oregon is not a community property state, spouses can own property separately.
Answered on Feb 27th, 2014 at 4:22 PM
James Edward Smith
Of course It's separate Property
Answered on Feb 27th, 2014 at 4:22 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Your husband received the property as an inheritance. You, as wife, would have no interest in the property unless you lived in the property as your sole residence. If you resided in the property you would have homestead rights. In that case you would have to sign the deed to surrender your homestead interest. If you did not reside in the property then your husband could transfer his interest in the property without you having to sign the deed.
Answered on Feb 27th, 2014 at 4:21 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Probably not. It sounds like it is his sole and separate property. In that case, it is not community property and you have no say in it.
Answered on Feb 27th, 2014 at 4:21 PM
If you are in Oregon, Oregon is a title state. Generally, the name on the title is the person who owns it and can sell it.
Answered on Feb 27th, 2014 at 4:21 PM
Edwin K. Niles
Yes he can. Inheritance is separate property.
Answered on Feb 27th, 2014 at 4:21 PM
Neal Michael Rimer
NO. Property acquired during marriage by one of the spouses from a gift, devise, bequest or inheritance is the separate property of the spouse receiving that property and the spouse of the recipient has no rights to the property. A title company might require a spouse to sign off on a quitclaim deed to confirm that they have no interest in property, but, the "owner" does not need a spouse signature to sell or otherwise dispose of their separate property.
Answered on Feb 27th, 2014 at 4:20 PM
3 Awards
Not unless you were also on title. Since he inherited it was his to do with what he choose.
Answered on Feb 27th, 2014 at 4:20 PM
I'm not sure what state you live in; however, most states treat an inheritance as the sole and separate property of the beneficiary (the person given the property by the decedent). If that is so in your state, your husband would not need your permission to sell the property.
Answered on Feb 27th, 2014 at 4:20 PM
2 Awards
No you do not. Inheritance is separate property and he was well within his rights to sell it. He does not have to share the proceeds with you but if he co-mingles them you might gain a community property interest in them over time. If he keeps them separate or spends them, he can do that and do what he wants with them.
Answered on Feb 27th, 2014 at 4:19 PM
As a wife residing in Michigan, you have an inchoate dower interest in any property your husband owns during the marriage. He can sell or convey his interest in that property, but the conveyance will be subject to your dower. Upon your husband's death, if you survive him, you may obtain a present interest in the property.
Answered on Feb 27th, 2014 at 4:19 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would GUESS yes he could but you need to engage an attorney, provide all of the details and to receive an opinion you can rely on.
Answered on Feb 27th, 2014 at 4:18 PM
Inherited property is the separate property of the person. A spouse has no interest in the property unless the person who inherited it actively creates one.
Answered on Feb 27th, 2014 at 4:18 PM