Forging your signature is a criminal offense. Your husband was ill advised to do so, and what you choose to do about is up to you.
Lastly, given how bad the market is in Arizona, I would strongly advise that bend over backwards to make any offer you receive work if at all possible. I understand that the situation between your husband and yourself may not be ideal at this time, but unless your prepared to lose the property or be stuck with a jointly owned property for years to come, you would be wise to put aside your differences when it comes to getting your home sold.
Contact an attorney. Also, I often ask people to contact and file a complaint with the Arizona Department of Real Estate when they get poor representation by a licensed real estate agent.
If an agent knowingly let your soon-to-be ex-husband sign your signature.... well let us say that is a significant violation of fiduciary responsibility. If an agent let that happen, in my opinion they should no longer be an agent and only ADRE has the power to make that happen
You are correct in your thoughts. The house is in both names so it does require both parties to agree to sell.
Verbal agreements are typically not enforceable, consult an attorney to determine your exact situation.
Each party typically needs to sign for themselves unless other arrangements have been made. You should have the ability to challenge the signature and contract. Potential parties to contact: attorney, the agent, the agents broker etc.
The agents broker may desire to get involved in this sooner than later and may resolve the situation quickly for you also. Your choices vary depending on the your resources, intent etc. This could involve fraud by a number of individuals or could be resolved quickly with the broker. Does the agent know about or witness your husband signing your name?
Call if you need a name.
While a forged signature is not legally binding, you may have granted a power of attorney to your husband in the past. Alternatively, your actions from this point on, may actually ratify the contract, unless you (your attorney) contracts the agent's Broker and Escrow Title company and Buyers (both call and send certified letters).
WAIT, It may or may not be in your best interest to repudiate the contract. If you got a fair price and it covers the loans, this might be a good deal. In this state you remain liable for your husband's debts and he yours. You need to get with your divorce/real estate attorney to consider what is best. This should not be an emotional decision. It is a financial and legal decision.
RUN TO THE ATTORNEY, DO NOT WALK.
Attorney. Attorney. Attorney. Everything in real estate has to be in writing. The contract is law. If you did not sign... sounds like someone committed a federal offence. If you need to talk with a good real estate attorney I can refer a few to you. Please feel freeto call me anytime.
1. Is a verbal agreement for sale binding?
2. Does your Forged Signature Bind You?
3. Is your husband bound to the contract?
I will start by saying you really do need to get a real estate attorney involved at this point Realtors cannot offer legal advice. Furthermore it is a federal offense for a Realtor to Interfere with a contract, which likely at least your husband entered into and is likely bound to based on what you describe. His being bound to the contract does not automatically give him the right to sell the property however. There are other issues such as how you took title to consider there. If he agreed to sell a property you also needed to sign off on, but did not, it sounds to me like he is the one that should really be seeking legal advice. It sounds to me like he will not be able to perform on HIS obligation to the buyer. Best of luck to you. Christopher Combs would be a good local attorney to reach out to.
If an agent knowingly let your soon-to-be ex-husband sign your signature.... well let us say that is a significant violation of fiduciary responsibility. If an agent let that happen, in my opinion they should no longer be an agent and only ADRE has the power to make that happen.
I TOTALLY AGREE, They should have their license taken away
Phyllis JC Anderson, GRI
Liberty One Realty