does my spouse have to be on paperwork to sell my house if she is not on the deed?

I am currently selling my house. I had this
house before I got married and never put my
spouse on the loan or deed. Does my spouse
need to be on any of the paperwork if they
were never involved in the purchase in the first

Asked on November 5, 2018 under Real Estate Law, South Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The new servicer of the loan or even title company may require some type of waiver from your wife, depending n their own requirements. Further, in some states, order for a married person to convey good title to real estate both spouses must sign the deed. This can be due to certain inheritance rights and the fact that one spouse can acquire a “marital property” interest even if the property is in the name of the other spouse only. Bottom line, lenders want to make sure that good title is passing to the purchaser in the event of foreclosure. 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

From the way you have written the question it does not appear that your spouse will have to sign anything.  However, the title company or the new bank financing the loan for the buyer may require some form of a waiver (in affidavit form) from your spouse to make insure that title is clear on transfer. Check what they want. 

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