gravity shadows
Junior Member
What is the name of your state (only U.S. law)? Ohio
Situation: A husband and wife purchase a parcel of real property and hold it in fee simple as joint tenants. They both are legal residents of Ohio, a non-comunity property state, at all times prior to and during their ownership of the parcel. The parcel is located in the state of Ohio.
Questions #1. Does the husband possess the legal capacity to encumber the jointly owned property by signing an Easement Agreement without the signature of the wife?
Question #2. If challenged in court, how likely would it be that a court would find the easement to be void due to the lack of capacity of the husband to encumber the jointly owned property without the wife's signature?
Situation: A husband and wife purchase a parcel of real property and hold it in fee simple as joint tenants. They both are legal residents of Ohio, a non-comunity property state, at all times prior to and during their ownership of the parcel. The parcel is located in the state of Ohio.
Questions #1. Does the husband possess the legal capacity to encumber the jointly owned property by signing an Easement Agreement without the signature of the wife?
Question #2. If challenged in court, how likely would it be that a court would find the easement to be void due to the lack of capacity of the husband to encumber the jointly owned property without the wife's signature?