Tate Davis Helped my husband & I make our wills in 2006 at that time my husband was in bad health and was posibly facing nursing care. we were advised to put most of our real estate in our childrens name to avoid maybe loseing our home. we did so and my husband passed away in Jan. this year .my stepsons name is on the deed and he is willing to sign his part back to me so I can make arrangment for selling the house as it is hard to sell with several names on the deed.his wife is not on the deed. Ineed to know if she has to sign since this would be comming from his father. she says she will not sign even though her husband is willing to deed the property back to me.. I have had a royal mess with this state please let me know if she does have to sign. thank you for any inromation you can give,me Fallie Martin
1 Answer from Attorneys
Unfortunately, a spouse needs to sign off on any transfer of real property by their spouse even if they aren't on the deed due to certain rights she would otherwise be able to claim later in life.