Can an inmate write a bill of sale for a trailer if his wife is threatening divorce?
Question Details: My bother-in-law just recently went to jail and will be there for 6-8 months. The trailer he lived in, is in his name. He wife is threatening divorce and wants him to sign it to her. It's on his mother's land and his mother is paying the note on it. Can he sign it to his mother?
1) Legally, he can sell his trailer to anyone he wants: being in prison does not take away his rights to transact business, to dispose of his property, etc.
2) If he sells it to his mother for less than it's worth, his wife can probably get the sale overturned in court, in her divorce: you can't hide assets from spouses by signing them over to other people without getting fair market value in exchange. He has to make sure he is getting fair market value for it.
Rate This Answer: Not Yet Rated
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you go to AttorneyPages.com and retain an attorney to represent you.