Home Selling in 78745>Question Details

Dmille2, Home Seller in 78745

I'm selling my home and at closing my agent request i bring my spouse to sign. The house is in my name only..before we were married. Why is this?

Asked by Dmille2, 78745 Thu Sep 9, 2010

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15
Don is correct. You could get a power of attorney for one day for your wife, if it is a problem getting her to the closing. Escrow officer at the title company can assist with this.
Web Reference: http://www.crowehomes.com
1 vote Thank Flag Link Thu Sep 9, 2010
If you both lived in the home Texas is a Community Property state. This basically means your wife would need to sign a few spousal documents upon the sale or refinance of the property. This is common practice in Texas.
1 vote Thank Flag Link Thu Sep 9, 2010
Dear Dmille2,
Everyone has mentioned the community property aspect, another one is the Homestead Exemption. Even though the property was purchased in your name, your Homestead tax exemption could be in both your names. It is standard practice for both spouses to sign documents at the sale of property even if the second person is not on the note or the deed. This protects the new owner from a sellers spouse coming back after the sale and saying I did not authorise the sale of our home. I wish you luck and a speedy sale.
Sincerely,
Betina
0 votes Thank Flag Link Fri Oct 8, 2010
These are all great answers, so you don't really need another one...
but I would like to add that if you do use a Power of Attorney you use one from the title company as they do not recognize others. It is very simple, but do contact them.
Cindy Crawford
Cindy Crawford, "The Matchmaker"
Keller Williams Realty-Lake Travis
1921 Lohman's Crossing #100
Austin, TX 78734
(512)522-5002 Office
(512)410-3531 Fax
Cindy Crawford@kw.co
0 votes Thank Flag Link Fri Sep 10, 2010
Texas is a community property state
0 votes Thank Flag Link Thu Sep 9, 2010
the title company will tell you the same thing. call your title company for clarification
0 votes Thank Flag Link Thu Sep 9, 2010
Texas is a homestead state, joinder of spouse is required by the title company on the deed and closing statement. Your spouse can do it in 3 minutes and is not required to attend the closing. The title company will also want a copy of their valid driver's license. In Texas, the moment you married and the moment your spouse crossed the threshold, the house became community property. If your new spouse has never occupied the property being sold, then a Designation of Homestead must be signed by you and your spouse, designating a property other than the one being sold, as being the marital homestead. Either way, your spouse must sign and it's easier to sign off on the property being sold. Tell your escrow officer what your spouse's name is NOW, so they can do a name check, and your spouse will not have to wait to sign on the closing date.
0 votes Thank Flag Link Thu Sep 9, 2010
D,
Most likely the closing agent will require your wife to sign an affidavit stating that she is aware of the sale. This is very common.

It's done because Texas (like Florida, and a few other places) is a homestead state. You have said that the property is your home--It's the place where you live. The state assumes that since you're married, it's your wife's home too. By having her acknowledge the sale in writing, the closing agent is assuring that you are not selling your wife's home without her knowledge.

I'm not an attorney, but I really don't believe community property is the issue here, since you owned the house before you were married. Good luck.

Warm regards,
Maggie Hawk, REALTOR
(386) 314-1149
Watson Realty Corp.
0 votes Thank Flag Link Thu Sep 9, 2010
Yes your spouse has documents to execute. This is typical as Texas is a community property state. It might be possible to get power of attorney so she doesn't need to be present but if you do that, make sure everyone in the transaction is aware of this, including the buyers lender.
0 votes Thank Flag Link Thu Sep 9, 2010
"Community property" state (means your spouse might have certain rights under our state law). This is standard Title Co. procedure for this situation. Title Co. is doing this to protect themselves.
0 votes Thank Flag Link Thu Sep 9, 2010
This is a required to ensure she is aware and in agreement with the sale as Texas is a community property state.
0 votes Thank Flag Link Thu Sep 9, 2010
Has this been the primary residence for you AND your spouse? Is there a homestead exemption on the property? Even though your spouse is not on the title to the property, the Title Company will probably want signatures on all docs or may have a single form for your spouse to sign and have notarized stating that she/he has no claim to the property.
Check w/your title company for best way to handle this.
0 votes Thank Flag Link Thu Sep 9, 2010
Since you are in Texas, your assets are 1/2 your wife's. You can't sell your home with out her signing unless you had a pre nup specifically regarding the asset. Anyway, it will just make it easier and without questions or hold ups if your wife signs.
All the best
0 votes Thank Flag Link Thu Sep 9, 2010
In many states, that is what is called dower rights. In short, your wife has to sign off on the docs even though you are the only one on title. What is yours...is hers :)

Lloyd Flanders
RE/MAX Real Estate Center
Web Reference: http://LloydRealtor.com
0 votes Thank Flag Link Thu Sep 9, 2010
There could be a couple of reasons. I would just ask them for clarification (this would be the easiest). One reason could be that you have joint credit that is showing up on your bureau and the lender may want her to sign something saying she has no rights to the new purchase. Good luck at your closing.
0 votes Thank Flag Link Thu Sep 9, 2010
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