Legal Question in Real Estate Law in Minnesota
Selling
I am considering selling some land in Northern Minnesota. The man that is considering to make the purcahse is seperated from his wife but not divorced. My question is, if he buys the land does his wife have legal rights regarding the land? Can he resale it or pass it on to his children without her involvement? I know he wants to buy the land, but does not want her to have any right to it.
Thank you for your help,
Jim Holzer
1 Answer from Attorneys
Re: Selling
This question points up why it's not such a good idea to separate and then not complete a divorce. As soon as this guy buys the land, an interest belonging to his wife attaches to it. He can not sell it or give it away without her signature.
He can't have it both ways. If he's married, he's married.
One more editorial remark while I'm on this subject. As in this example, there are many respects in which married people actually have fewer legal rights than single people. I believe that the gay and lesbian communities have prospered in part because they have not had to deal with such problems. Why they now seem to be in such a hurry to become second class citizens in some respects is a bit beyond me. Perhaps they want the right to be just as miserable as the rest of us.