La Porte, TX asked in Real Estate Law for Texas

Q: My sister in Maine and I in Texas were deeded (Lady Bird Deed) our late mother's property immediately upon her death.

Texas is a community property state and Maine is not. Do I need my husband's written permission to sell my portion of the property so my sister and I can split the profits with our siblings? The property is being legally split into two different sections to sell. Both my sister and I will still own both together before the sale(s). We have a buyer for the empty lot behind the house and will list the house as soon as possible. Does my husband need to sign a form giving his permission to me to sell?

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1 Lawyer Answer
Teri A. Walter
Teri A. Walter
  • Houston, TX
  • Licensed in Texas

A: You don't say where the property is located, which makes a difference, however in any case you won't need "permission" to sell. Assuming the property is in Texas, however, a title company may require that he co-sign the deed, so that there is no question later about whether any community property interest he might have was transferred.

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