Texarkana, TX asked in Real Estate Law and Family Law for Texas

Q: My husband's Mother wants him to sign our land over to him without my consent. Can they do that?

His Mother owned the property over 7 years ago. She signed the land and house over to him before we moved onto the property. We moved our mobile home onto the land and built onto it. It is not movable any more. This is our homestead. We have lived here with the land in my husband's name, our home in my husband's name which we have lived in for the majority of our marriage, originally lived in the brick house prior to and the brick house in his name his Mother lives in with our permission, but we live there when home repair happens on the 2nd home on the property. Some of utilities are in my name. I get mail there. She wants the land and brick home back in her name. Can they do that? My home will now be on her land. Don't they need my consent for this? We have been married for 14 years. This is my residence. Our money went into this land, land up keep, home up keep, home repairs. So I am just out all the money we spent. Isn't this community property. They can just give away my home?

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Yes, they can do that. Because his mother signed it over to your husband as a gift, the land and house became his separate property which is subject to his sole management and control. He does not need your permission to gift his separate property back to his mother.

You can, of course, come to a joint decision with your husband to move your community property mobile home off his mother's land.

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