Q: Can my husband transfer deed to his trust without my consent?

A: Hire an AR attorney to search the title now. Then decide if a suit should be filed to set aside a conveyance.

A: That sounds like a deeply unsettling experience, especially when something as significant as transferring property is involved. In Arkansas, if you and your husband jointly own property—especially as tenants by the entirety or joint tenants—he generally cannot transfer the entire interest into his personal trust without your consent. If your name was on the deed, any change in ownership or trust transfer would typically require your signature and clear agreement.

Since you were led to believe the transfer was for a joint trust and now realize that no such trust exists, it’s completely reasonable to question what you signed. The fact that you were visibly upset and not provided legal guidance at the time could raise serious concerns about whether the signing was fully informed and voluntary. Requesting copies of the documents from the title company is a smart first step so you can see exactly what was filed and where the property now legally stands.

Once you have those documents, you’ll want to review the title history and determine whether the deed reflects a transfer into a personal trust under his sole control. If it does, and you were misled or pressured, you may have grounds to challenge the validity of that deed. You have every right to protect your interest in the property, and it’s okay to take steps to understand and, if needed, correct what happened.