Can my husband sale a property he inherited from his mother without my consent? 31 Answers as of March 04, 2014

My husband who inherited a portion of his mom’s home and property sold it to his brother without my knowledge or my signature. Do I have a right to it?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
In Michigan that is his separate property and he can do what he wants with it.
Answer Applies to: Michigan
Replied: 3/4/2014
Tarasyuk Law Offices
Tarasyuk Law Offices | Anna Tarasyuk
In California, inheritances are generally separate property, so unfortunately, yes, your husband can do what he wants with his inheritance.
Answer Applies to: California
Replied: 3/3/2014
Universal Law Group, Inc. | Francis John Cowhig
An inheritance is usually the separate property of the person receiving it. The spouse of that person usually has no right to the property or any proceeds from its sale.
Answer Applies to: California
Replied: 2/27/2014
Law Office of Jeffrey T. Reed | Jeffrey T. Reed
An inheritance is normally considered the separate property of the inheriting spouse. So, in this case, yes he can sell without your consent. You might want to keep an eye on where the proceeds go though!
Answer Applies to: California
Replied: 2/27/2014
Stephens Gourley & Bywater | David A. Stephens
In Nevada his inheritance is his separate property and he would not need your consent to sell it.
Answer Applies to: Nevada
Replied: 2/27/2014
    Frederick & Frederick PLC | James P Frederick
    No, you do not have a right to the property. Depending on how the inheritance was handled, you may not have had to sign anything. On the other hand, you may have had dower rights in the property. If your husband acted fraudulently to sign, (such as indicating that he was a single man, for example), then you may have a claim against him. If you have concerns, you should have an attorney review the paperwork.
    Answer Applies to: Michigan
    Replied: 2/27/2014
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    If the inheritance was directly to him and not to the both of you, sure he can. The inheritance came from his mother. Just as you are free to do anything you want with any family inheritance you receive from your family.
    Answer Applies to: Washington
    Replied: 2/27/2014
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Yes he can. Inheritance is separate property.
    Answer Applies to: California
    Replied: 2/27/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    This is separate property as inheritance. You have no rights to it.
    Answer Applies to: California
    Replied: 2/27/2014
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    In a marriage dissolution context, he may be able to get the property awarded to him as non-marital property but, as long as you and he are married, he needs your signature on a deed to convey marketable title to a buyer. His brother is going to have problems trying to sell this property interest. His title would not be considered marketable. Whether you have a right to claim the property depends upon the context of your claim.
    Answer Applies to: Minnesota
    Replied: 2/27/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Usually, no. A person's inheritance is specific to him or her and the spouse doesn't have an automatic claim to either the property or the cash obtained from selling it.
    Answer Applies to: Nebraska
    Replied: 2/27/2014
    Law Offices of Frances Headley | Frances Headley
    Inherited property is the separate property of the person. A spouse has no interest in the property unless the person who inherited it actively creates one.
    Answer Applies to: California
    Replied: 2/27/2014
    The Stutes Law Group, LLC
    The Stutes Law Group, LLC | Ronald E. Stutes
    An inheritance is separate property. The person who inherited the property may do what he wishes with it, as a spouse has no interest in it.
    Answer Applies to: Louisiana
    Replied: 2/27/2014
    Fluhr & Moore, LLC | Steven S. Fluhr
    You have no marital interest in inherited property of your spouse..
    Answer Applies to: Missouri
    Replied: 2/27/2014
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    The inheritance from your mother-in-law to your husband (her son) would be considered your husband's sole and separate property. Unless your husband put your name on title, as his sole and separate property, he can sell to whomever without your knowledge or consent.
    Answer Applies to: California
    Replied: 2/27/2014
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    Why would you have any right to it? Were your funds spent on it? Do you have a contract that gives you some right to it?
    Answer Applies to: California
    Replied: 2/27/2014
    Gates' Law, PLLC | Thomas E. Gates
    Property inherited is considered personal property and the individual may do as they please with it. Thus, you have no rights to the matter.
    Answer Applies to: Washington
    Replied: 2/27/2014
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Of course It's separate Property
    Answer Applies to: Nevada
    Replied: 2/27/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    Your husband received the property as an inheritance. You, as wife, would have no interest in the property unless you lived in the property as your sole residence. If you resided in the property you would have homestead rights. In that case you would have to sign the deed to surrender your homestead interest. If you did not reside in the property then your husband could transfer his interest in the property without you having to sign the deed.
    Answer Applies to: Illinois
    Replied: 2/27/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    If you are in Oregon, and he took title to the property in his name, then no. Oregon is not a community property state, spouses can own property separately.
    Answer Applies to: Oregon
    Replied: 2/27/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    No you have no right to the property interest of your husband received as a gift from a will.
    Answer Applies to: California
    Replied: 2/27/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Probably not. It sounds like it is his sole and separate property. In that case, it is not community property and you have no say in it.
    Answer Applies to: Idaho
    Replied: 2/27/2014
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    If you are in Oregon, Oregon is a title state. Generally, the name on the title is the person who owns it and can sell it.
    Answer Applies to: Oregon
    Replied: 2/27/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Not unless you were also on title. Since he inherited it was his to do with what he choose.
    Answer Applies to: Nevada
    Replied: 2/27/2014
    Neal M. Rimer, Esquire
    Neal M. Rimer, Esquire | Neal M. Rimer
    NO. Property acquired during marriage by one of the spouses from a gift, devise, bequest or inheritance is the separate property of the spouse receiving that property and the spouse of the recipient has no rights to the property. A title company might require a spouse to sign off on a quitclaim deed to confirm that they have no interest in property, but, the "owner" does not need a spouse signature to sell or otherwise dispose of their separate property.
    Answer Applies to: California
    Replied: 2/27/2014
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Property which is inherited is the property of the beneficiary. If your husband was the beneficiary and not you, he can sell, lease or do anything else he wants without your consent.
    Answer Applies to: California
    Replied: 2/27/2014
    Estrada Law P.C. | Michele Ungvarsky
    I'm not sure what state you live in; however, most states treat an inheritance as the sole and separate property of the beneficiary (the person given the property by the decedent). If that is so in your state, your husband would not need your permission to sell the property.
    Answer Applies to: New Mexico
    Replied: 2/27/2014
    James Law Group
    James Law Group | Christine James
    No you do not. Inheritance is separate property and he was well within his rights to sell it. He does not have to share the proceeds with you but if he co-mingles them you might gain a community property interest in them over time. If he keeps them separate or spends them, he can do that and do what he wants with them.
    Answer Applies to: California
    Replied: 2/27/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would GUESS yes he could but you need to engage an attorney, provide all of the details and to receive an opinion you can rely on.
    Answer Applies to: Michigan
    Replied: 2/27/2014
    Vandervoort, Christ & Fisher, P.C. | James E. Reed
    As a wife residing in Michigan, you have an inchoate dower interest in any property your husband owns during the marriage. He can sell or convey his interest in that property, but the conveyance will be subject to your dower. Upon your husband's death, if you survive him, you may obtain a present interest in the property.
    Answer Applies to: Michigan
    Replied: 2/27/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    No you do not.
    Answer Applies to: Florida
    Replied: 2/27/2014
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