Do both spouses need to sign when Assigning a leasehold?

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 !!!

When in doubt, consult an attorney!

This topic was automatically closed after 90 days. New replies are no longer allowed.