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

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“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?”

Question: 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.