Can my Husband Sell Property in His Name Without my Consent?

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“My husband bought rental property several years ago after we got married. The purchase was made in his name only. He now wishes to sell that property and use it to buy a lot to sell cars in. I do not want him to do so. Can he sell without my consent?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Even though the property is in your husband’s name alone, your marriage may have an interest in the property. Most, if not all, states require some form of spousal consent or power of attorney to sell real property. You may be able to record something to cloud the title of the property if you believe that your husband is going to try to forge documents to sell your potential interest out from underneath you.

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Author: House Attorney

A house attorney has answered this question.