Do I need my spouse’s signature to sell property I bought before marriage?

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12/02/2014 | Author: TAR Legal Staff

I bought a house as a single woman and have since gotten married. My husband and I want to sell the property now. Will he have to sign the contracts, too?

Perhaps. Although a home you owned before marriage would generally be considered your separate property, your husband may have obtained certain homestead rights. Consult your attorney to find out if this is the case.

To effectively deliver possession of the property to the new owner, your husband may need to sign the real estate contract, the deed, and possibly other documents, as if the home was his property, too.

Have a question about buying, selling, or leasing property in Texas? Ask us. Not all submitted questions will be answered. 

Categories: Legal
Tags: legal, consumers, selling


Leslie Bryant on 02/29/2016

Do I need a spouse signature if i bought a house before marriage..

Veronica Roberts on 02/29/2016

If you bought a home in 2007and gets married in 2010 can you sell property with out spouse signature if name isn’t on the deed

Badr on 07/18/2015

i found out only after signing a sales contract for my homestead house that my wife’s signature is required at closing time even thought her name is not on the deed but wife is insisting on not selling and refusing to sign.
now the agent is demanding she either signs or i have to pay the 6% fees. what is the way out of this situation?

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Legal disclaimer

The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on Any legal or other information found here, on, or at other sites to which we link, should be verified before it is relied upon.

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