Home Selling in Boston>Question Details

Scott, Home Seller in Boston, MA

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 Scott, Boston, MA Mon May 13, 2013

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From my Realtor® experience I observe that If you are both on the Deed, then yes, both sign. One party can designate the other to sign for both if they so decide. This is a legal question and Realtors® are not lawyers, we would always refer you to a professional
0 votes Thank Flag Link Tue May 14, 2013
I had an experience where only one x owned the house. One person on the deed. My obligation was to that one person. Not a fun transaction. The rules were dictated by the court.
1 vote Thank Flag Link Mon May 13, 2013
As a notary I see things like this often. It is from certain laws that protect assests from being hidden or sold out from under a spouse. Better to have them sign than not because there are loop holes where things are not legal if both spouses didn't sign.
0 votes Thank Flag Link Tue May 14, 2013
So does your ex, but hey, why are you questioning your Realtor? If you don’t trust that they know what they are doing why are you working with them?

Jim Simms
NMLS # 6395
JSimms@cmcloans.com
Financing Kentucky One Home at a Time
Web Reference: http://jamessimms.com/
0 votes Thank Flag Link Tue May 14, 2013
I would have to agree as well, ask a atty. for legal advice.

best of luck
0 votes Thank Flag Link Tue May 14, 2013
Scott,

I am a real estate attorney and broker. It depends on who is listed on the Deed, and the form of ownership that the deed holders have. I would need additional details to provide you with an accurate answer.

Feel free to contact me if you would like me to represent you in this matter.

All the best,

Michael P. Welsh, Esq.
(617) 515-6300
0 votes Thank Flag Link Tue May 14, 2013
Please ask a real estate attorney for the best answer.
Brokers should not be giving legal advice.
best of luck.
0 votes Thank Flag Link Mon May 13, 2013
Scott,

Again ask a real estate attorney.

But it depends on the form of ownership you and your ex wife took title in Tenants by the entirety or Tenants in common

But here is a great site that may answer your question.

http://www.legalmatch.com/law-library/article/terminating-a-…

http://www.avvo.com/legal-answers/i-am-very-confused--my-spo…

Louis
0 votes Thank Flag Link Mon May 13, 2013
It depends on many factors. Best advice would be to contact a real estate attorney
0 votes Thank Flag Link Mon May 13, 2013
Probably correct, but depends on whether or not wife signed property over to husband - in any event, do nothing until you check with an attorney - Realtors should not be giving legal advice.

George H. Brenner, GRI, CRB
0 votes Thank Flag Link Mon May 13, 2013
I would discuss this with your real estate attorney.
0 votes Thank Flag Link Mon May 13, 2013
Giver me a call to discuss. Thanks Kenzo 617 233 9751
0 votes Thank Flag Link Mon May 13, 2013
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