Husband and Wife
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The law of husband and wife affects the legal rights and obligations of the spouses toward one another and toward the world. Discussed here is the law of husband and wife as it applies to the ownership and buying and selling of real estate. Previously the common law limited a wife's right to own real estate independent of her husband. Such laws now have been repealed or declared unconstitutional and unenforceable.
Black's Law Dictionary, Fifth Edition. Regardless of the state of residence of either spouse, real estate owned separately by a husband and wife prior to their marriage remains their separate real estate. The marital status of a person affects his or her ability to sell or convey real estate. Information pertaining to real estate purchased during a marriage, as well as other information regarding real estate in a marriage, may be found in the following state-by-state breakdown.Husband and Wife
This is not a substitute for legal advice. An attorney must be consulted.
ALABAMA Alabama law presumes that real estate conveyed or deeded to a husband or wife during their marriage is a tenancy in common unless the conveyance expressly states another type of tenancy is created. During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it. The spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage. Alabama requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage. Alabama Code §6-10-3; 30-4-30-31. ALASKA Alaska law presumes that real estate conveyed or deeded to a husband or wife during their marriage is tenancy by entirety unless declared otherwise in the conveyance. During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it. The spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage. Alaska requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage. Alaska Code §25.15.060. ARIZONA Arizona is a community property state which means that any real estate acquired during the marriage, except for that acquired by gift, devise or descent is owned by both husband and wife. Arizona law presumes that real estate conveyed or deed...
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