Location: Texas
Submitted 06/16/11 01:29 PM

Q. My wife and i own land in San angelo tx.We have been separated for 5 years and i am wanting to sell 1/2 of the land which is 10 acres of undeveloped land and leave the other 10 acres for her.Do i need her approval to start the sale of this land or can i legally just go ahead with the listing.I have no idea where she is and have no way to contact her

 

Answer #1
Submitted 05/23/12 04:47 PM
Cathy Bureau, Your Personal Real Estate Concierge (www.GreenHomeRealty.com): Real Estate Broker/Owner in Austin, TX Cathy Bureau, Your Personal Real Estate Concierge (www.GreenHomeRealty.com)
Real Estate Broker/Owner
Austin, TX

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A.

It's more of a legal question than a real estate agent question and we are often reminded as licensees not to practice law. So, I do highly recommend that you hire a real estate attoreny.

Speaking as a real estate Licensed Broker, Texas is a common law state. Which means, if you bought it together or used any funds from a joint account for paying taxes, improvment, etc. make it joint property. To divide it out you would need to consult with an attorney. I recommend that you, your wife, and your family law attornies must first settle on how to divide it. If you can't agree, you can't move forward. If you can agree, then the real estate attorney can settle the matter.  If you can't find her then you're stuck. You should check to see if she is still living.  If she is deceased most likely it falls to you.  Then there is probate.  That's why you should consult with an attorney.

Best of luck to you!

- Cathy Bureau

Answer #2
Submitted 05/23/12 05:00 PM
Sussie  Sutton, UTR TEXAS Realtors - Rep for buyers and sellers. (UTR Texas Realtors): Real Estate Agent in Pearland, TX Sussie Sutton, UTR TEXAS Realtors - Rep for buyers and sellers. (UTR Texas Realtors)
Real Estate Agent
Pearland, TX

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A.

I think you should hire someone to locate her. Her social security number could be ran with a credit report. BUT I would have an attorney do that for you or hire a local detective. Eventually you are going to do it anyway.

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