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 Ch, 27615 Tue Jan 24, 2012

If so, can you point me to something online that states this? I'm having trouble convincing the ex's new spouse to sign.

Help the community by answering this question:

+ web reference
Web reference:

Answers

12
x, , Suffolk County, NY
Tue Jan 24, 2012
Only the record owners of the house are required to sign the listing in New York State, but your Realtor may just be playing it 'extra-safe' to insure that neither of the new spouses tries to make a claim to the property after the fact.

You should also have some written agreement between you and your ex-spouse that clearly speels out how much of the proceeds will go to each party upon closing, as I've seen many divorce sales held up at the wrong time while the parties try to come to an agreement. Best of luck in the sale!
Web Reference:  http://www.markmalsky.com
1 vote
x, , Suffolk County, NY
Wed Jan 25, 2012
you will find real estate license and brokerage law on the website of your state government. in the meantime, you might also consider getting a second opinion from another realtor and/or your attorney. good luck!
Web Reference:  http://www.markmalsky.com
0 votes
Rene Giacobbe, Agent, Mattituck, NY
Tue Jan 24, 2012
Have you spoken to an attorney?? Usually, only those on the deed need to sign. In a divorce situation, it is standard if there are a husband and wife on the deed..that one signature is needed to list and both to sell...

In your case, I don't see a reason for your new spouses to have to sign...I would say..speak to your attorney. I don't know the ins and outs of your divorce settlement and what power you both gave your new spouses to your past and current assets. You know what I mean??? Call me if you like 516-551-4987 or email me at rgiacobbe@elliman.com. I work out of the Mattituck office. I will talk to my manager in the morning and see what I can come up with for you.

Thank You for Writing!

Have a Great Evening!

Rene Giacobbe
Licensed Real Estate Salesperson
Prudential Douglas Elliman
516-551-4987
rgiacobbe@elliman.com
0 votes
Mack McCoy, Agent, Seattle, WA
Tue Jan 24, 2012
So, the listing agreement is a contract between the brokerage and the sellers, and the brokerage wants to make sure that the contract is enforceable. If the ex's new spouse doesn't want to sign, then you, Ch, need to ensure that a title company will clear the way for you to close.

Imagine the fun and joy of having the home on the market, getting an offer, going through the inspection and all of that, making it through the appraisal, and finding out that the title company requires a signature from the ex's spouse before closing!

All the best,
0 votes
Franklin Bla…, Agent, New York, NY
Tue Jan 24, 2012
If you look at all of the answers they all point to having a legal representation of how the sale should be conducted and how the proceeds should be divided prior to signing a listing agreement. The more specific the plan on paper the easier it is to conduct the business of real estate as a transaction.
0 votes
Jerry Cibuls…, Agent, Southold, NY
Tue Jan 24, 2012
The names that are on the deed of the property are the signatures required on the listing contract. The new spouses are not required for signatures if the deed was not amended to add their names after they were married. I am not sure why the realtor is requiring the extra names. The best support for this advice will be from your attorney. You should seek legal council as you proceed to help resolve wrinkles in the process as you move forward. In this manner you will be prepared when a purchase contract is sent to the purchaser of your home. You dont want to have a purchase contract held up when you have a buyer on the table with an offer while there are questions being answered by the sellers.
0 votes
Gail Gladsto…, Agent, 11743, NY
Tue Jan 24, 2012
Only those who are on the deed need to sign.
0 votes
, ,
Tue Jan 24, 2012
Definitely speak with a real estate attorney, as a realestate agent I cannot act as an attorney, but I would probably say-Not.
0 votes
Anna M Brocco, Agent, Williston Park, NY
Tue Jan 24, 2012
For any necessary legal advice do consult with an attorney who specializes in real estate; generally only the actual owners of record should be signing the agreement....
0 votes
allan erps,A…, Agent, Pearl River, NY
Tue Jan 24, 2012
No spouses for you and your ex wifes houses!!
0 votes
Mark Anthony…, Agent, East Setauket, NY
Tue Jan 24, 2012
In my 20 years of experience, I'm inclined to say NO! Just the parties listed on the deed need sign the listing agreement. Was the deed ever transferred to one of the owners and not the other, during the divorce proceedings, or a % of which? What does the divorce decree state, regarding who will maintain ownership, and for how long? There is alot to know, but a staight forward divorce in which both parties that originally signed the deed, and haven't been taken off the deed during or as a result of the divorce decree, are the only parties that have to sign the listing agreement. If you have any further questions, I would be happy to help my # is 516-446-7292 or 631-638-6122 Mark LoCorriere LBA, Coldwell Banker Residential Brokerage
0 votes
Ch, Home Seller, 27615
Tue Jan 24, 2012
I'm not sure why this posted to 11947, I will try to repost in the correct location.
0 votes
Search Advice
Search
Ask our community a question

Email me when…

Learn more