community property state: Can a Separate-Property Owner sell his house without his wife’s signature
- 11/11/13 12:59 PM
Can a Separate-Property Owner sell his house without his wife’s signature in a Community-Property State? Texas is a community-property state. Many times, one spouse will own the home before marriage as his or her separate property. After marriage, if the parties live in the home together, then notwithstanding the separate property character of the home, the non-owner spouse acquires certain homestead rights.
The non-owner spouse’s homestead rights are possessory in nature. Without the signature and cooperation of the non-owner spouse, the owner spouse can only transfer good title to a buyer but cannot deliver possession. Therefore, it is essential … (2 comments)
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Bahman Davani, CM at Texas Five Star Realty, Plano, TX (214) 457-7055
Homes for Sale in Plano, Frisco, Prosper, Allen TX
Can a Separate-Property Owner sell his house without his wife’s signature in a Community-Property State? 
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