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can i as his wife draw up a lease agreement on this property without his signature. will this hold up in court i signed it before a notary but he didnt.

2006-10-14 10:29:32 · 7 answers · asked by feeling hopeless 1 in Business & Finance Renting & Real Estate

texas where would i have to go look state only or county

2006-10-14 10:32:47 · update #1

7 answers

No. it was his before marriage, as such, you dont have any rights to the property

2006-10-14 16:05:17 · answer #1 · answered by Anonymous · 0 1

Well, yes and no, Texas is a community property state and all property owned by the spouses and acquired during marriage regardless of who is on the title gives rise to an interest by the other spouse. Title acquired by one spouse prior to marriage is not part of the community property of both spouses excepting for certain actions taken by the spouses relative to the property and during marriage, which could cause a sole and separate property to be deemed a community property by the courts. Soooooo it is almost impossible to answer your questions without knowing all the facts. I suggest that you research it in the link provided or better yet ask an attorney in your area.
LAWS: http://www.capitol.state.tx.us/statutes/statutes.html
STATE’S WEB SITE: http://www.texasonline.com/
Questions and answers about legal issues from the University of Houston: http://www.law.uh.edu/Libraries/faqs.html
You might also go to your attorney general's web site and see if they have any pamphlets on your question.
Buena Suerte

2006-10-14 10:49:38 · answer #2 · answered by newmexicorealestateforms 6 · 1 0

if your name is not on the title to the property,,,you will not be able to do anything concerning that property.....he has to put your name on the papers too because it was property he owned before you came along.

2006-10-14 10:55:34 · answer #3 · answered by ggmsixer 5 · 0 0

I think it might depend on the property laws of your state.

2006-10-14 10:30:22 · answer #4 · answered by retorik75 5 · 0 1

why would you do that, as a husband and wife you should make those decisions together. If it was his before the marriage it is his and you have no business doing anything with it without his permission

2006-10-14 10:32:39 · answer #5 · answered by Bonnie K 3 · 2 1

I believe it depends on the state. In my state (Wisconsin), all debts and property become joint when you get married, unless you have a prenup.

2006-10-14 10:31:02 · answer #6 · answered by Kiki 6 · 0 1

Unless he has added you on the deed, I think not.

2006-10-14 10:53:08 · answer #7 · answered by tootsie38 4 · 0 0

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