Hello several years ago I created a topic “Why should the spouse sign a lease pro forma?” Why should the spouse sign a lease pro forma? - #9 by John_Goode
Similarly, I want to know if, in Texas, both spouses must sign an Assignment, as Assignor, in order to assign the entire interest. For example, a married individual buys a lease, as Assignee, without the spouse’s name on the Assignment and sells it, as Assignor, after the Marital Act of 1967 effective 1/1/1968, without the spouse’s signature.
I’m asking because I’m seeing a lot of married owners assigning leases without their spouse after 1/1/1968. I don’t believe the rules are quite the same as a mineral owner who leases an interest in their real property. If I’m not mistaken, a leasehold interest is actually considered personal property and I know in some cases in Texas you don’t need your spouse to join you when you sell personal property even if you were married when you bought it (e.g. selling a car titled in one spouse’s name). Your feedback is greatly appreciated !!!