Asked in Real Estate Law for Texas

Q: Can my husband sign his rights away to property that was bought well into our marriage without my consent?

My husband and his two brothers were buying 30 acres together. We had a mobile home on the property that we got behind on the taxes. His brother had him sign something that was supposed to keep them from taking the land or that is what I was told. Now I find out that it was something saying my husband was giving up all rights to the property. Is this legal and is there anything I can do about it.

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1 Lawyer Answer

A: Sorry to hear about your problem. If you are married EVERYTHING, either of you obtain that has value is "joint property." Thus, if your husband obtained an interest in land, the release of the ownership he purchased, would require your consent to be lawful and without recourse. To be sure, when it comes to real estate, "one spouse can buy it, but both need to sell it."

The best thing you can do to be sure of what happened is to get a copy of the deed, to see what name(s) purchased the land. There may also be a contract or business filing that recites who has what rights.

I hope this helps.

Good Luck!

-John Cucci

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