Lynn911 Dallas Realtor & Consultant
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http://www.lynn911.com 100's of Dallas homes listed for sale or lease
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The short answer is yes. However, if the home is community property, you will both have to sign the documents at closing. I like to get everyone that is on the deed to sign the listing agreement, but sometimes everyone isnâ€™t available for one reason or another. But, again before the home can legally change hands, you will both have to sign at closing.
Keller Williams Realty
Sorry, but if your house is in Harlingen, I have to retract my offer to help you sell it.
However, from what you described of your situation, BOTH signatures should be on the listing agreement. BOTH signatures will be required on a contract to sell it. And BOTH signatures will be required by the title company to pass title to the new buyer. It does not matter how many signatures are on the VA note. And it does not matter that you are "getting" divorced.
If you have any further doubts, I suggest you talk to an attorney on Monday morning at a local title company near you. Good luck with it!
[To all: Why are questions from people who live elsewhere getting posted on the Fort Worth area board??]
To answer your question, yes my name is on the title, and it was purchased while we were married. We are still married, but will be divorcing next week. The mortgage is only in my husbands name as it is a VA loan. Thank you for your help.
Your status and relationship might make a difference to the truly legal answer to the question. However, most Brokers will require both husband and wife to sign any binding agreements to avoid any legal hassle in the future. The answer to your question would be different if you were talking about signing the contract for sale or docs at a closing at the title company.
If you are already in this contract with the listing agent, then I suggest you consult an attorney at a title company. Try Lawyers title company in Southlake. They can help you.
You may also wish to contact me directly, as I have 33 years of experience selling houses in this area, and I'd be glad to help you. Good luck!
ULTRA Real Estate Services