Full question:
Prior to my father's death in 1981 he deeded in my name, a house and some land, giving my mother a living will at the same time. My mother died a few months ago and I am planning to sell both the house and the land, but my wife said she should have some imput in the matter even though she isn't on the deed and my dad gave this to me and not her. We were married in 1978 prior to my dad's deed. Does she have any legal right to the house and land other that be part of our decision?
- Category: Real Property
- Date:
- State: Mississippi
Answer:
Assuming you are the sole owner of the property after your mother's death, the answer depends on whether your wife has homestead rights. If she does not have these rights, you can sell the property without her consent. However, if she does have homestead rights, she must sign the deed to release her rights. Under Mississippi law (Miss. Code Ann. § 89-1-29), a conveyance or other encumbrance on a homestead is not valid unless signed by the spouse if the owner is married and living with that spouse. 'Homestead' generally refers to the family dwelling and the land it sits on.
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