Home Selling in 27615>Question Details

Ch, Home Seller in 27615

I am about to list a house that my ex-wife and I bought. We are both remarried and the realtor says both new spouses must also sign the listing.True?

Asked by Ch, 27615 Tue Jan 24, 2012

If so, can you point me to something online that states this? I'm having trouble convincing the ex's new spouse to sign.

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Answers

18
Typically the "new" spouses do not need to sign the Listing Agreement, but your ex-wife will need to sign it and the purchase agreement when you get one.
2 votes Thank Flag Link Tue Jan 24, 2012
The best answer is to speak with your Attorney.. If your divorce papers and with your attorney to find out if you have full rights to the property. If your ex signed the deed over to you, make sure it was recorded. I had that exact situation where my seller had to go back to the attorneys and have deed recorded so she could sell the home without her ex on the listing agreement or potential contracts. If she has rights to the property then yes she has to agree to sell by signing the listing agreement as will any new spouses. Best of Luck!
Web Reference: http://www.carlafreund.com
1 vote Thank Flag Link Tue Jan 24, 2012
Ch
Jay has given the correct answer at least in the State of North Carolina, they need sign the Deed at the time of closing, perhaps if you explain the reason for this it will help, by law they are each entitled to 1/2 of each of your 1/2's if that makes sense.
Good Luck,
Michael
1 vote Thank Flag Link Tue Jan 24, 2012
One to Purchase, two ( married couple ) to sell. Both must sign.
0 votes Thank Flag Link Tue Aug 14, 2012
Even though it seems not fair since your new spouse did not buy nor own the house, the NC law requires PRESENT spouse to sign off the deed. Best source is the NC Real Easte Commission which should convince your and your ex's spouses. Good luck!
Monika Papenhausen, Broker,Raleigh, NC
0 votes Thank Flag Link Mon Aug 13, 2012
Your listing agent is correct. All parties must sign the listing agreement. Good luck in selling your home.
0 votes Thank Flag Link Thu Aug 9, 2012
No need to ask an attorney. The agent is correct.
0 votes Thank Flag Link Wed Aug 8, 2012
"One to Buy, Two to Sell" may well be the rule.
The advice to discuss it with your divorce attorney is most appropriate.
And that would include getting all signatures on the listing agreement.
As a listing agent, if I knew there was a spouse with possible claim on a property, you can bet I would have their signatures on any listing agreement, or documentation that their signatures were not needed. And that would be before I advertised the property as available.
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http://blog.mikejaquish.com/2011/06/13/one-to-buy-two-to-sel…
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0 votes Thank Flag Link Tue Jan 24, 2012
You've not provided enough informatin to properly answer the question. Per your divorce agreement and settlement: who has legal ownership of the house? Was the house properly deeded over at that time? If the house was properly deeded over to you at the divorce settlement, then your ex-spouse has no further legal interest in the property. She and her new spouse would not need to sign anything. I suggest a quick call to your divorce attorney to confirm the legal ownership of the property. Your attorney can then properly advise you as to whose signatures are required. At a minimum it will require both you and your new spouse to sign the listing agreement.
0 votes Thank Flag Link Tue Jan 24, 2012
Yes, if you are in North Carolina, one to buy and two to sell. Both new spouses have to sign the closing docs. Please contact your closing attorney or Pete Shedor at

401 High House Rd. Ste. 140
Cary, NC 27513
(919) 461-7017 Phone
(919) 461-7018 Fax
Peter R. Shedor, Attorney at Law

to get a right answer.

Good luck!

Jean
0 votes Thank Flag Link Tue Jan 24, 2012
Phyllis and Jay's answers look correct, but it's best to consult with a real estate atty. Jack Davis is very good real estate atty and can be reached at 878-3888. Would love to help you with your sell.
0 votes Thank Flag Link Tue Jan 24, 2012
I agree with Sharon. Often the listing agent will have everyone sign just because it is easier and we are real estate agents not attorneys so she is probably just being very cautious. However, if your ex's spouse is ginving you a hard time the "easier route" might be to contact the attorney who handled your divorce. Ask the specific question If your ex has any legal rights to your home and if they say no, ask them to show where in your divorce papers this is stated and the ex'es rights were taken away.

Best of luck!
0 votes Thank Flag Link Tue Jan 24, 2012
The short answer is yes. And just to be certain, I checked with my attorney. Sometimes it is easiest to have your Realtor or attorney deal with the ex-spouse and new husband directly. It can definitely save you a lot of headaches! Good luck with your sale!
0 votes Thank Flag Link Tue Jan 24, 2012
You both have to sign the deed and so do your current spouses.The listing agreement and contract need only to be signed by the current owners - you can see the owners of record in the registry of deeds...the extra signatures are community property law in NC (rights of spouses).
0 votes Thank Flag Link Tue Jan 24, 2012
The short answer is yes. If your ex has a right to the property, than I believe her spouse, just like your spouse, has a marital right to the property as well. His signature is not necessary to list the property, but it will be needed to sell the property with clear title (which is needed for title insurance).


Is your ex-wife still on the title? If not, Check your divorce settlement papers to see if she still has a right to the property. If she is not on the title, and you have an absolute divorce, she may have agreed to release her right to the property.

Is there a reason he doesn't want to sign? Sometimes people need convincing, that its easier for them to sign than not to...
Web Reference: http://www.conderrealty.com
0 votes Thank Flag Link Tue Jan 24, 2012
Depends on who has ownership of the property after the divorce and if the property distributions were recorded.
0 votes Thank Flag Link Tue Jan 24, 2012
When you divorced and divided up assets, did you come to an agreement about this home and who owns it?Check the public tax records in Wake first,see if the deed was transferred out of her name into yours. Then call the divorce attorney after you check your records, if you don't find the answer. Yes in North Carolina its one to buy , two to sell, however you are now divorced, I would think that the assets were divided up and an agreement on the ownership of that home was negotiated.Good luck on the sale of your home.
0 votes Thank Flag Link Tue Jan 24, 2012
You need to call your attorney who did your divorce. They can tell you the exact general statute.
0 votes Thank Flag Link Tue Jan 24, 2012
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