What happens to community property in a community property state? - ProProfs Discuss
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What happens to community property in a community property state?

Asked by Myrealestatetutor, Last updated: Apr 06, 2024

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myrealestatetutor

myrealestatetutor

myrealestatetutor
Myrealestatetutor

Answered Aug 29, 2019

Neither spouse may sell any real estate owned as part of their community property unless both spouses sign the sales contract and deed.

The answer is NEITHER SPOUSE MAY SELL ANY REAL ESTATE OWNED AS PART OF THEIR COMMUNITY PROPERTY UNLESS BOTH SPOUSES SIGN THE SALES CONTRACT AND DEED. Because each has an undivided interest in the property, without a suit to partition, neither spouse may sell any real estate owned as part of their community property unless both spouses sign the sales contract and deed, particularly homestead property (TX Property Code Section 41.004). This may not be entirely true in every case, but the exceptions will not be considered here or likely on any exam. Texas does not recognize tenancy by the entirety.
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