Non consentual

[Made1]

My husband recently purchased some property for sale by owner he did not put my name on it; it was solely in his name. Now we are seperating and he wants to put the property in my name only. Can he do this without my consent?

 

[dee_dub]

Not without a court order. If you don't want it you don't have to accept a transfer.

 

[smthsonny62]

No he can't do this without your permission!

 

[army judge]

My husband recently purchased some property for sale by owner he did not put my name on it; it was solely in his name. Now we are seperating and he wants to put the property in my name only. Can he do this without my consent?

Not so fast, colleagues.
My beloved state of Texas is one of about eight states that operates under community property laws.

What you had before the marriage, isn't part of the marital estate.
Your marriage is a contract.
In Texas, anything acquired during the marriage is owned equally by both parties.
You already own half of what he purchased.
You can decline, however, any ownership during the dissolution of your marriage.
If you separate, you still own it.
You also are responsible for half of the debt accumulated during the marriage.
Debts made by one spouse during the marriage, become the debts of the other spouse.

Just because one spouse is named on the title, deed, or account; one person receives the asset as payment for personal services (ie: salary); or the asset will not be paid until a future date (ie: retirement) do not make it separate property. There is a presumption that all property possessed by either spouse is community property.

http://www.raggiolaw.com/txart05.html

All property acquired during marriage by either spouse is presumed to be community property, and a spouse who asserts that particular property is separate property must prove its sole ownership.

During marriage all the earnings of both spouses and the revenues from the separate property acquired during marriage are community property. Between spouses, community property may become separate property by a gift or sale for a separate property consideration, or since 1980 by a partition or exchange entered into either before or during marriage.

http://www.tshaonline.org/handbook/online/articles/CC/jsc2.html