Home Selling in 34691>Question Details

Jouhn, Home Seller in Holiday, FL

can my wife list my house?

Asked by Jouhn, Holiday, FL Wed Apr 2, 2008

I want to know: since I am the only person on the deed and the mortgage, is it legal for my wife, who does not live in the house any more (going through a divorce) to list my house for sale without my approval. Can the real estate agent place whatever price they want without having it appraised and without my aproval for the price? I do know that she cnannot sell it with my signature, but my question is, can she list it and can I fire that estate agent without payiing theire fees since i did not hire them.

Help the community by answering this question:


You need to contact the listing agent immediately and your lawyer as well. As to the deed-even though the deed only has your name on it, if this is your homestead (primary residence) then the State of Florida says she as your wife owns 1/2. Even if you owned it before you got married, the minute you said "I do" she owned half. :0(
Now if it's investment property and not your homestead, then she does not automatically own 1/2. It sounds like you need to seek legal representation. It will be well worth the cost! Good luck.
0 votes Thank Flag Link Sun Apr 20, 2008
With the proper documentation in hand, make contact with this listing agent to advise him/her of this situation. A reputable agent will quickly remedy this dilemma. If they are wise, they will apologize profusely and pray you don't file a complaint.
0 votes Thank Flag Link Thu Apr 10, 2008
Hi Everyone,

This question was duplicated and I'm going to close the other thread but I wanted to let you all know that additional answers can be found at the link below.

Best Wishes,

Emily Gibson
Customer Service Representative
0 votes Thank Flag Link Thu Apr 3, 2008
ANYBODY can list a house, but are they able to sell it? NO.
An agent who does this is stupid. All parties on the deed should be in agreement to the listing, as they will need to be in agreement on the sale.

Don't worry about it. If YOU are really the only person on the deed, then there is no valid listing agreement. Go seek an agent that you feel comfortable with and move forward.


I have often joked about this in the past, that I was going to do a sign that said "for sale by neighbor" instead of "for sale by owner" lol............because NOBODY can sell a house BUT the owner! I am going to do this one day, put a 'for sale by neighbor sign' in the yard of the for sale by owner, WITH the neighbors phone number on it, put up a video cam and see what happens ;-) lol!!

AGAIN, let me repeat, if YOU DON'T OWN IT, YOU CAN'T SELL IT... so, let the incompetent agent list it, let the ex do what they will, ,when it all comes down to the bottom line, if, as you say - you are truly the only one on the deed - nothing will happen. Now, you must make sure you are REALLY the only one on the deed, and not the mtg - like most people get confused on.

If in doubt, consult a great agent in your area and they can find out.

Good luck! and please, lol, let us know "the rest of the story"!!
0 votes Thank Flag Link Wed Apr 2, 2008
I'm surprised the realtor let her list it -First of all, a realtor should have done their homework to look at a Trio from the Title Company, which would show you as the owner on those recorded docs. That realtor who listed your home (if it's listed yet) has not done their job and should be told immediately of the situation and to verify records. You will certainly need to sign listing docs if you are the only one on Title. Has a judge ordered the home be put up for sale? . Were both of your finances used to purchase the home? That may present a different picture legally in the divorce, so you'll need to check with an attorney for your state regulations.There are so many factors to consider..You need an attorney!
Web Reference: http://www.junelizotte.com
0 votes Thank Flag Link Wed Apr 2, 2008
Of course she can. Is it legal? Absolutely NOT! It's easily done by having paperwork forged and the Realtor will not know any differently. If it's a seasoned professional, the agent will most definitely want to meet with you in person before listing to smooth out the details, however, not everyone works the same. If it happens you can definitely speak to the broker and cancel the listing. In the meantime, it sounds as if you should get yourself an attorney because the question that you asked seems to be just the beginning of what can happen with forgery. Best of luck Jouhn. Jose Gomez - Miami Realtor http://josegomezfl.sef.mlxchange.com
0 votes Thank Flag Link Wed Apr 2, 2008
In most states, the answer would be NO. It is always best to contact an attorney for legal advice however, and I would do this IMMEDIATELY.

In most circumstances, only the registered owner may list or sell the home. As long as you have not given your wife power of attorney to sell on your behalf or a court has not ordered the sale of your home.

Check with an attorney though - this is too important!
Web Reference: http://www.MartinWise.com
0 votes Thank Flag Link Wed Apr 2, 2008
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2016 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer