Legal Question in Real Estate Law in Indiana
a question about property ownership in marriage
My wife of 8 months had a mobile home and loan for the home in her name before we got married. Recently we sold it for cash and made a payment via cashier's check to the finance company. The check to the finance company to pay off the lien was in my wife's name, and the letter telling the finance company the name of the person who should get the title (the buyer) was signed by my wife. So there's no confusion on their end, my wife's obligation to them has been met by paying off the entire loan.
The contract saying that we were selling the mobile home for $x and the other simple terms was signed by the buyer, and by myself.
The question is, do i have any legal right/authority to sign such a contract? My wife and I are married in the State of Indiana, so I just assumed that I had the ability to sign that contract. Am I wrong?
2 Answers from Attorneys
Re: a question about property ownership in marriage
I see no reason for concern on your part. You are married to the person holding title and you were also in agreement that the sale should occur. If your spouse did not want you involved in the sale, she certainly could have told you that she did not need your consent or signature on the documents. The fact that you were not on the title will not affect the legality of the sale.
Re: a question about property ownership in marriage
Legally you had no ownership interest to sell but signing the contract is not going to cause any problems as long as your wife signed the contract and will sign over the title to the buyer. A contract to sell something you dont own conveys nothing.
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