Legal Question in Real Estate Law in Texas
Can spouse of mentally diabled sign contract to sell home?
If the spouse of--name removed--person who is on social security disability for mental impairment able to sign--name removed--contract to sell their home? The home was purchased during the marriage, and was not put into the name of the ''mentally challenged'' spouse, however; the funds of the disabled were used to purchase the home. The disabled will not sign--name removed--simple agreement because his signature might be grounds to prove mental competence and could be used to remove him from social security. Texas is--name removed--community property state so if the ''sane'' spouse is the only signer, could the disabled (or his heirs should anything happen) create--name removed--legal problem in the future? It is the disabled spouse -who is--name removed--fraud,in my opinion- who has set up this sale and now does not want to sign any paperwork.
1 Answer from Attorneys
Re: Can spouse of mentally diabled sign contract to sell home?
No, if you do not have a power of attorney signed while the impaired spouse was not impaired, then you will have to bring a guardianship proceeding to have a guardian appointed who can sign the contract and deed.
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