Tuesday, October 14, 2014

Will my soon-to-be-ex-spouse have to sign the contracts, too?

My wife and I bought a house together a few years ago, and now we’re getting divorced. Neither of us wants to keep the house, so we’ve agreed to hire a real estate broker to list the property. Will we both have to sign the contract to work with the broker? Would we both have to sign to accept an offer? Most likely, yes to both questions. Assuming both you and your wife own the property, any real estate broker will need authorization from both of you to market and sell the property. A signed listing agreement between both of you and the real estate broker will provide the necessary authorization. Additionally, any offer to purchase the property will need to be signed by both of you in order to be considered accepted. Keep in mind that if divorce proceedings have already been initiated, you will need to inform your attorneys, if any, about the plans to sell the property so that they can obtain any necessary authorization from the divorce court.

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