Im looking at this property, the wife is interested in selling the husband is not. She says since hes not on deed she can do whatever she wants. Im in Nevada which is a community property state, so I told her that he would have to sign a quit claim to her. She disagrees cuz she says that she had some doument signed at the time of prchase stating that the husband had nothing to do with the house. I told her he would still have to sign. Right?
J
This is pretty delicate if I were you I would ask a realtor or a lawyer. Good Luck!
In Texas (community property state also). the husband would have to sign only if the property was their primary residence. If the property was used for investment, then he would not have to sign. Probably the best thing to do would be to ask a lawyer. That is what they get paid for.
Wilson
It’s possible that the wife had the husband sign a pre-nuptial agreement wherein he waived any interest or right to the property. But consult an attorney.
The worst case scenario is that the property was acquired after the marriage AND the husband has to cooperate in the sale even though he is not on the deed.
Now, if the document the husband signed was a Quit Claim Deed, then I suspect that the wife is correct in that she is the only selling party that needs to participate in the transaction.
What does your real estate attorney say?