QUESTION

can my husband sell our homestead property without my signature

Asked on Jun 10th, 2015 on Real Estate - Texas
More details to this question:
He signed our land and home which was homesteaded over while we were seperated and then passed away without me knowing about the deal .
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1 ANSWER

Generally, you would be required to sign-off on the home so long as you had an interest in the property. There are several different ways about which you may not have had an interest in the property. However, if you and your husband bought the home during your marriage and you did not either sign away your interest or provide him a power of attorney to sign in your stead (your name would probably still need to be on the deed, but he would be able to sign there), then you are probably probably required to sign any deed to grant your particular interest. An exception could be a situation where you previously deeded your interest of the property into a trust of which he was the sole trustee. You should probably speak with an attorney.
Answered on Jun 10th, 2015 at 9:57 AM

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