QUESTION

My husband and I own land since we have been married, 30 years, and the land is in his and his brothers name can he sell it if it is only in his name?

Asked on Mar 17th, 2023 on Real Estate - Texas
More details to this question:
The acres does not have my name name on the paperwork and he wants to sell it without my permission. Is there anything I can do to keep him from selling without my approval.
Report Abuse

1 ANSWER

Personal Injury Law Attorney serving Bastrop, TX at The Law Office of James M. Ringel
Update Your Profile
Hello, If the property was purchased during the marriage with community funds, then even if your name is not on the paperwork, you have a legal interest in the property. Therefore, your husband should not be able to sell the property without your approval. However, if the property was purchased during the marriage but with your husband's separate funds (such as from an inheritance or selling a home he owned prior to your marriage) then you would likely not have any interest in the property unless you contributed to payments or payments were made during the marriage with community property (such as his or your earnings from your jobs). If he is insistent on selling the property, you may be able to file for a declaratory judgment having the Court declare that you and he have a community interest in the property. Of course, suing your spouse is often not a sign of a happy and healthy marriage. An attorney can help you determine what legal rights you have based on the specific facts of the property's purchase and the documentation but additional details would certainly be required. Sincerely, James M. Ringel
Answered on Mar 22nd, 2023 at 9:57 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters