Legal Question in Real Estate Law in Arkansas

Re: Real Estate

Maybe.

Generally property that is brought into the marriage and that is not commingled, will be considered "separate property" and therefore can be disposed of without consent of your spouse.

However, if your spouse had assisted in paying taxes on the property (either directly or indirectly), contributed to improving the property (e.g. paid for the construction a building on the land), or obtained a financial interest in the the land from any other means, then he may need to sign the documents in order for you to transfer clear title to the land.

My general advice to the buyer would be to require your husband to sign, and therefore waive any interest in the land, regardless of whether the property is separate property or not. The purpose of this waiver is to protect the buyer from a potential claim against the land by your husband in the future.

As always, the outcome of every case is fact dependant. You should contact a qualified attorney in your area in order to obtain advice based on the specific facts of your case.