texas homestead laws

[dede]

In Texas while a man and women are married can the husband sell their homestead without the wife's knowledge?

 

[army judge]

I suppose one owner could via conversion or fraud dispose of real property.
However, it wouldn't be a legal sale.
If the homestead was acquired during the marriage, both people would own 50% of the home.
Therefore a transaction such as the one you recited would probably not be legal.
If one party owned the home, prior to the marriage, said party could legally sell the home.
In the latter scenario, the spouse could assert no legal claim to the home

 

[Proserpina]

AJ, do you have Lexis or anything up right now? I don't Not deliberately wanting to dissent, but I'm remembering recent case law out of TX where the spouse - even thought the property was owned before the marriage occurred - was awarded part of the equity acquired during the marriage.

I know that wouldn't affect ownership, but it might make the seller spouse's life somewhat harder, no?

 

[army judge]

Pro, as far as the law is concerned, expect the unexpected. In fact, the court often does as you suggest. In Texas, we call it an equitable distribution of marital assets or property.


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