LAWCHEK® & Lawsonline™
Real Estate Questions & Answers

This is not a substitute for legal advice.  An attorney must be consulted.

"This work is protected under the copyright laws of the United States.  No reproduction, use, or disclosure of this work shall be permitted without the prior express written authorization of the copyright owner.  Copyright © 2002-2006 by LAWCHEK, LTD."

Back to Questions & Answers List

  Husband and Wife

The law of husband and wife affects the legal rights and obligations of the spouses toward one another and toward the world.  Discussed here is the law of husband and wife as it applies to the ownership and buying and selling of real estate.  Previously the common law limited a wife’s right to own real estate independent of her husband.  Such laws now have been repealed or declared unconstitutional and unenforceable. 

Black’s Law Dictionary, Fifth Edition.

Regardless of the state of residence of either spouse, real estate owned separately by a husband and wife prior to their marriage remains their separate real estate.  The marital status of a person affects his or her ability to sell or convey real estate.  Information pertaining to real estate purchased during a marriage, as well as other information regarding real estate in a marriage, may be found in the following state-by-state breakdown.
Alabama: Alabama law presumes that real estate conveyed or deeded to a husband or wife during their marriage is a tenancy in common unless the conveyance expressly states another type of tenancy is created.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it.  The spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Alabama requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Alabama Code §6-10-3; 30-4-30-31.
Alaska: Alaska law presumes that real estate conveyed or deeded to a husband or wife during their marriage is tenancy by entirety unless declared otherwise in the conveyance.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it.  The spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Alaska requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Alaska Code §25.15.060.
Arizona: Arizona is a community property state which means that any real estate acquired during the marriage, except for that acquired by gift, devise or descent is owned by both husband and wife.  Arizona law presumes that real estate conveyed or deeded to a husband or wife during their marriage is community property.  During the marriage, a husband and wife may separately sell or mortgage real estate separately owned by them.  They have an equal right in community property to sell or bind it.  The spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Arizona requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Arizona Code §25-213 through 215; 33-451.
Arkansas: Arkansas law presumes that real estate conveyed or deeded to a husband or wife during their marriage is a tenancy by entirety.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it, except for a homestead or property held by entirety.  The spouse may have an inheritance right sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Arkansas requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Arkansas Code §12-503.
California: California law presumes that real estate conveyed or deeded to a husband or wife during their marriage is community property, and a husband and wife may not separately sell or mortgage such real estate without their spouse joining in the sale or mortgage.  The spouse may have an inheritance right sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  California requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  California Family Code §581, 760, 770, 850.
Colorado: Colorado law presumes that real estate conveyed or deeded to a husband or wife during their marriage is a tenancy in common unless a joint tenancy is specifically started in the instrument.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it.  The spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Colorado requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage if a claim of homestead has been made in writing.  Colorado Code §14-2-201 through 207;  38-35-118 and 38-31-101.
Connecticut: Connecticut law presumes that real estate conveyed or deeded to a husband or wife during their marriage is held as a tenancy in common unless the conveyance states that a joint tenancy is being created.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it.  The spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Connecticut requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Connecticut Code §47-36(a), 466-36.
Delaware: Delaware law presumes that real estate conveyed or deeded to a husband or wife during their marriage is a joint tenancy in common unless a joint tenancy is specifically created.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it.  The spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Delaware law requires that in the case of sale or mortgage both spouses sign the contract, deed or mortgage.  Delaware Code §25-102 through 124;  25-311, 701.
Florida: Florida law presumes that real estate conveyed or deeded to a husband or wife during their marriage creates a tenancy in entirety.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it.  The spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Florida requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Florida Code §689.14; 708.08(1).
Georgia: Georgia law presumes that real estate conveyed or deeded to a husband or wife during their marriage is as a tenancy in common.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it.  The spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Georgia requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Georgia Code §19-3-9.
Hawaii: Hawaii law presumes that real estate conveyed or deeded to a husband or wife during their marriage is a tenancy in common unless otherwise executed.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it.  The spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Hawaii requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Hawaii Code §321, 510, 572, 573, 560.
Idaho: In Idaho,during the marriage, the husband and wife may acquire real estate separately, but the spouse has a community property interest in it.  Idaho law presumes that real estate conveyed or deeded to a husband or wife during their marriage is community property.  During a marriage, a husband and wife may not separately sell or mortgage real estate acquired during the marriage without their spouse signing onto it.  The spouse may have an inheritance right sometimes referred to as “dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Idaho requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Idaho Code §32-903 through 912.
Illinois: Illinois law holds that real estate conveyed or deeded to a husband or wife during their marriage is as tenancy by entirety.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it.  The spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Illinois requires that, in the case of sale or mortgage of the homestead, or real estate held as tenancy by entirety, both spouses sign the contract, deed or mortgage.  Illinois Code §765-1005/1 through 1c; 735-5/12-904.
Indiana: Indiana law presumes that real estate conveyed or deeded to a husband or wife during their marriage is as tenancy by entirety.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it.  The spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Indiana requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Indiana Code §32-1-2-18; 32-4-2-1; 31-7-10-2.
Iowa: Iowa law presumes that real estate conveyed or deeded to a husband or wife during their marriage is tenant in common, unless stated otherwise.  During a marriage, a husband and wife may not separately sell or mortgage real estate without their spouse signing onto it.  The spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Iowa requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Iowa Chapter 597.
Kansas: Kansas law presumes that real estate conveyed or deeded to a husband or wife during their marriage is tenancy in common, unless otherwise stated.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it, however, the spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Kansas requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Kansas Code §23-203;  59-505.
Kentucky: Kentucky law presumes that real estate conveyed or deeded to a husband or wife during their marriage is tenancy in common, unless otherwise stated.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it, however, the spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Kentucky requires that, in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Kentucky Code §404.010-.030; 381.050.
Louisiana: In Louisiana, during the marriage, the husband and wife may acquire real estate separately; however, Louisiana law presumes that real estate conveyed or deeded to a husband or wife during their marriage is community property. The spouse may have an inheritance right sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Louisiana requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Louisiana CC §2325 onward.
Maine: Maine law presumes that real estate conveyed or deeded to a husband or wife during their marriage is in tenancy in common.  During a marriage, a husband and wife may  separately sell or mortgage real estate without their spouse signing onto it, however, the spouse may have an inheritance right sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Maine requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Maine T.33, §159, 470-475.
Maryland: Maryland law presumes that real estate conveyed or deeded to a husband or wife during their marriage is tenancy by entirety, unless otherwise created.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it.  However, the spouse may have an inheritance right sometimes referred to as “dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Maryland requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Maryland Fam. Law Art. §4-203, 301.
Massachusetts: Massachusetts law presumes that real estate conveyed or deeded to a husband or wife during their marriage is tenancy in common, unless otherwise created.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it, however, the spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage. Massachusetts requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Massachusetts C. 184, §7;  209, §1.
Michigan: Michigan law presumes that real estate conveyed or deeded to a husband or wife during their marriage is tenancy by entirety, unless otherwise stated.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it, however, the spouse may have an inheritance right sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage. Michigan requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Michigan CLA §557.21, 151;  558.13.
Minnesota: Minnesota law presumes that real estate conveyed or deeded to a husband or wife during their marriage is tenancy in common unless otherwise stated in the conveyance.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it, however,  the spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Minnesota requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Minnesota Code §507.02;  519.02.
Mississippi: Mississippi law presumes that real estate conveyed or deeded to a husband or wife during their marriage is tenancy in common, unless otherwise stated.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it.  The spouse may have an inheritance right sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage. Mississippi requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Mississippi Code §93-3-1 onward;  89-1-29.
Missouri: Missouri law presumes that real estate conveyed or deeded to a husband or wife during their marriage is tenancy in common, unless otherwise stated.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it, however, the spouse may have an inheritance right sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Missouri requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Missouri Code §451.250, .290;  474.120, .150.
Montana: Montana law presumes that real estate conveyed or deeded to a husband or wife during their marriage is tenancy in common, unless stated otherwise.  During a marriage, a husband and wife may separately sell or mortgage real estate owned separately without their spouse signing onto it, however, the spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage. Montana requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Montana Code §40-2-106 onward; 70-32-301.
Nebraska: Nebraska law presumes that real estate conveyed or deeded to a husband or wife during their marriage is a tenancy in common, unless stated otherwise.  During a marriage, a husband and wife may not separately sell or mortgage real estate without their spouse signing onto it.  The spouse has an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and to be effective the spouse joins in signing the contract, deed or mortgage.  Nebraska requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Nebraska Code §42-201 onward.
Nevada: Nevada law presumes that real estate conveyed or deeded to a husband or wife during their marriage is community property, unless stated otherwise.  During a marriage, a husband and wife may separately sell or mortgage real estate held separately without their spouse signing onto it.  The spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Nevada requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Nevada Code §123.030 through .250.
New Hampshire: New Hampshire law presumes that real estate conveyed or deeded to a husband or wife during their marriage is as tenancy in common, unless otherwise stated in the conveyance.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it, however,  the spouse may have an inheritance right sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  New Hampshire requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  New Hampshire C. 460, §1-2, 5-11; C. 480, §5-9;  C. 477, §18.
New Jersey: New Jersey law presumes that real estate conveyed or deeded to a husband or wife during their marriage is as tenancy by entirety, unless otherwise stated.  During a marriage, a husband and wife may separately sell or mortgage real estate held separately by him or her without their spouse signing onto it, however, the spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  New Jersey requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  New Jersey Code §37-2-12, 15, 17, 18; 46-3-17.2, 17.3.
New Mexico: New Mexico law presumes that real estate conveyed or deeded to a husband or wife during their marriage is community property.  During a marriage, a husband and wife may separately sell or mortgage real estate separately held by him or her without their spouse signing onto it, however, the spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  New Mexico requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  New Mexico Code §40-3-1 onward.
New York: New York law presumes that real estate conveyed or deeded to a husband or wife during their marriage is tenancy by entirety, unless stated otherwise in the conveyance.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it, however, the spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  New York requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  New York G.O.L. §3-301, 309; D.R.L. §50; E.P.T.L. §6-2.2.
North Carolina: North Carolina law presumes that real estate conveyed or deeded to a husband or wife during their marriage is as tenancy by entirety.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it, however, the spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  North Carolina requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  North Carolina G.S. §29-30; 39-, 13; 52-2,10.
North Dakota: North Dakota law presumes that real estate conveyed or deeded to a husband or wife during their marriage is as tenancy in common, unless otherwise stated in the conveyance.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it, however,  the spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  North Dakota requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  North Dakota Code §47-02-01; 14-07-01 onward.
Ohio: Ohio law presumes that real estate conveyed or deeded to a husband or wife during their marriage is as tenancy in common unless otherwise stated in the conveyance.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it, however, the spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Ohio requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Ohio Code §3103.04-.07.
Oklahoma: Oklahoma law presumes that real estate conveyed or deeded to a husband or wife during their marriage is as tenancy in common, unless expressly stated otherwise in the conveyance.  During a marriage, a husband and wife may separately sell or mortgage real estate held separately by him or her without their spouse signing onto it.  The spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Oklahoma requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Oklahoma Code §43-207, 208; 16-13; 32-8.
Oregon: Oregon law presumes that real estate conveyed or deeded to a husband or wife during their marriage is as tenancy by entirety.  During a marriage, a husband and wife may separately sell or mortgage real estate held separately by him or her without their spouse signing onto it.  The spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Oregon requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Oregon Code §108.060; 112.685 through .695;  23.240.
Pennsylvania: Pennsylvania law presumes that real estate conveyed or deeded to a husband or wife during their marriage is as tenancy by entirety, unless expressly stated otherwise in the conveyance.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it, however, the spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Pennsylvania Code §48-32.1; 69-541; 20-2201 through 2205.
Rhode Island: Rhode Island law presumes that real estate conveyed or deeded to a husband or wife during their marriage is as tenancy in common, unless otherwise created in the conveyance.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it, however,  the spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Rhode Island Code §34-3-1; 34-11-3; 15-4-1 through 16.
South Carolina: South Carolina law presumes that real estate conveyed or deeded to a husband or wife during their marriage is a tenancy in common unless otherwise stated in the conveyance.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it, however, the spouse may have an inheritance right sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  South Carolina Code §20-5-10 through 30.
South Dakota:  South Dakota law presumes that real estate conveyed or deeded to a husband or wife during their marriage is as tenancy in common unless expressly stated otherwise in the conveyance.   During a marriage, a husband and wife may separately sell or mortgage real estate separately held by him or her without their spouse signing onto it.  The spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  South Dakota requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  South Dakota Code §25-2-1 onward.
Tennessee: Tennessee law presumes that real estate conveyed or deeded to a husband or wife during their marriage is as tenancy in common unless expressly stated otherwise in the conveyance.  During a marriage, a husband and wife may separately sell or mortgage real estate separately held by him or her without their spouse signing onto it.  The spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Tennessee requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Tennessee Code §36-3-502 through 505; 66-1-107, 108, 109.
Texas:  In Texas, during the marriage, the husband and wife may acquire real estate separately, however, Texas law presumes that real estate conveyed or deeded to a husband or wife during their marriage is community property (see topic “Joint Ownership”).  During a marriage, a husband and wife may separately sell or mortgage real estate held separately by him or her without their spouse signing onto it.  The spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Texas requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Texas Fam. Code §5.01 onward.
Utah: Utah law presumes that real estate conveyed or deeded to a husband or wife during their marriage is as tenancy in common unless a joint tenancy with right of survivorship is expressly created in the conveyance.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it, however,  the spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Utah requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Utah Code §30-2-1 through 3; 78-23-4(4).
Vermont: Vermont law presumes that real estate conveyed or deeded to a husband or wife during their marriage is as tenancy by entirety unless otherwise stated in the conveyance.  During a marriage, a husband and wife may separately sell or mortgage real estate separately held by him or her without their spouse signing onto it.  The spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Vermont requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Vermont Code §15-64, 66; 27-141.
Virginia: Virginia law presumes that real estate conveyed or deeded to a husband or wife during their marriage is as tenancy in common unless expressly stated otherwise in the conveyance.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it, however, the spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Virginia requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Virginia Code §55-35 through 43.
Washington: Washington law presumes that real estate conveyed or deeded to a husband or wife during their marriage is community property.  During a marriage, a husband and wife may separately sell or mortgage real estate held separately by him or her without their spouse signing onto it.  The spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate, and usually the spouse joins in signing a contract, deed or mortgage.  Washington requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Washington Code §26.16.010-.030; 11.04.015.
West Virginia: West Virginia law presumes that real estate conveyed or deeded to a husband or wife during their marriage is as tenancy in common, unless clearly stated otherwise in the conveyance.  During a marriage, a husband and wife may separately sell or mortgage real estate without their spouse signing onto it.  However, the spouse may have an inheritance right, sometimes referred to as dower, courtesy, or statutory share, in the real estate, and usually the spouse joins in signing a contract, deed or mortgage.  West Virginia Code §48-3-1 onward; 39-1-5 onward; 36-1-10 onward.
Wisconsin: In Wisconsin, during the marriage, the husband and wife may acquire real estate separately, but Wisconsin law presumes that real estate conveyed or deeded to a husband or wife during their marriage is community property, except for certain enumerated exceptions.  During a marriage, a husband and wife may separately sell or mortgage real estate owned separately without their spouse signing onto it; however, the spouse may have an inheritance right sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Wisconsin requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Wisconsin Code §766.31-.97; 706.02.
Wyoming: During a marriage, a husband and wife may separately sell or mortgage real estate owned separately without their spouse signing onto it.  However, the spouse may have an inheritance right, sometimes referred to as a dower, courtesy, or statutory share, in the real estate and usually the spouse joins in signing a contract, deed or mortgage.  Wyoming requires that in the case of sale or mortgage of the homestead, both spouses sign the contract, deed or mortgage.  Wyoming Code §20-1-201, 202;  34-2-121.

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright © 2002-2006 by LAWCHEK, LTD

Back to Questions & Answers List

 

 

Court Reporters Expert Witness Private Investigators

Process Servers

 

LAWCHEK® Home Lawsonline™ Home
Homecheck listings to find your Home inspectors  Homes for Sale on Houselist

           
Attorneys Listings new site to help find a attorney in your state 

Please e-mail comments, questions, or suggestions to webmaster@lawchek.net.

*Membership Terms & Conditions*
*Privacy Policy*
*Disclaimer*

This site produced by enlighten technologies™.
COPYRIGHT © 2006 enlighten technologies™