Home Selling in 11947>Question Details

Amberpeach, Home Seller in 11947

My soon to be ex-husband listed signed the papers to list our house with a realtor in Ohio. I do not want to list our house. Is the listing valid?

Asked by Amberpeach, 11947 Wed Jun 15, 2011

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9
If the house is in New York and both names are on the deed, then you need both names on the listing contracts.
1 vote Thank Flag Link Fri Jun 17, 2011
Absolutely ask your lawyer. What are the terms of your divorce? What is the law in your state?
0 votes Thank Flag Link Thu Mar 8, 2012
Whether or not the listing agreement signed by your husband, but not you, is valid will depend on several factors, including but not limited to:

- Whether or not your name is on the deed / title;
- The laws in your state; and
- Whether you have a court approved agreement or court order to sell the home.

You should consult with your attorney to determine whether your husband can or can not sell the home without your written consent or agreement.
0 votes Thank Flag Link Thu Jun 16, 2011
Consult with your attorney, he/she can best advise as it relates to your specific situation....
0 votes Thank Flag Link Thu Jun 16, 2011
Don’t you have an attorney working on your divorce? Wouldn’t this be an appropriate question for your attorney?
0 votes Thank Flag Link Wed Jun 15, 2011
Generally, for married couples, its as the saying goes..."It takes one to buy and two to sell". However, you should review the law regarding this in Ohio and maybe consult a real estate attorney so that you can know all of your rights.

Bill Adams
Owner/Broker
Allen Adams Realty
0 votes Thank Flag Link Wed Jun 15, 2011
Mark is right. One name (signature) can list a house in many states, BUT it will take both signatures to sell it. You do not have to sell even if they offer above list price.

I would suggest you contact the agent who listed it and let them know you are not willing to sell. At least you will be letting the listing agent know there is a problem ahead should there be an offer and you are giving notice that you want to be contacted should there be an offer.
0 votes Thank Flag Link Wed Jun 15, 2011
Yes and no. Confusing? You bet. If there are two names on the deed, and one person signs a listing agreement with a Realtor, the listing is 'valid', but not 'enforceable'(according to the NY Dept of State which governs real estate brokerage in N.Y.)
Effectively, this means that you are not bound to agree toa sale of the property at any price or under any circumstances, and your ex-husband would be unable to close with any buyer without your consent and signature.
p.s. if the realtor is in Ohio, the first thing you want to find out is if he/she is licensed in New York State; if not, the listing is completely invalid in addition to being unenforceable. you can use the link below to check the Realtors company or personal name to see if they are licensed in NY State.
0 votes Thank Flag Link Wed Jun 15, 2011
If you are on the deed, the Realtor cannot legally list the property without your signature.

If you are only on the mortgage and not the deed, please seek legal advice.
Web Reference: http://GailGladstone.com
0 votes Thank Flag Link Wed Jun 15, 2011
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