Do both owners of a house have to be on the sales contract?

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Do both owners of a house have to be on the sales contract?

My ex-husband and I are just now selling our jointly owned house. I discovered, by accident, that he had signed a contract with a real estate agent, listed the house, and signed a contract with a buyer without even telling me. Don’t both of us have to sign the contract with the agent, especially if I am bound by the decree to pay half his fee? What about accepting an offer and signing a contract with a buyer? My name doesn’t even appear anywhere on the contract. And yes, my name is on the mortgage.

Asked on August 3, 2011 Texas

Answers:

Richard Weaver / The Weaver Law Firm

Answered 9 years ago | Contributor

YES.

Visit www.WeaverLawyers.com for futher real estate information.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I assume that you are on legal title to your home  of record with your husband when you reference that your former husband and you are selling your jointly owned home.

If you are on title to this home, for the contract to sell all recorded ownership interests in the home to be enforceable, you also have to sign the sales contract and the grant deed at close of escrow.

Also, if the home is listed with a real estate agent for sale and you are on recorded legal title to the home, the listing agreement is not valid with respect to your interests to be sold since you did not sign that agreement as well.  

In all likelihood if you are on legal recorded title to the home being listed for sale and you do not sign the listing agreement and sales contract with the buyers for it, the sale will not go through escrow.

You and your former husband have to both sign all documents including purchase contracts when selling your home under the facts you presented.

Good luck.


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