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Will my soon-to-be-ex-spouse have to sign the contracts, too?

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10/07/2014 | Author: Legal Staff

My wife and I bought a house together a few years ago, and now we’re getting divorced. Neither of us wants to keep the house, so we’ve agreed to hire a real estate broker to list the property. Will we both have to sign the contract to work with the broker? Would we both have to sign to accept an offer?

Most likely, yes to both questions. Assuming both you and your wife own the property, any real estate broker will need authorization from both of you to market and sell the property. A signed listing agreement between both of you and the real estate broker will provide the necessary authorization. Additionally, any offer to purchase the property will need to be signed by both of you in order to be considered accepted.

Keep in mind that if divorce proceedings have already been initiated, you will need to inform your attorneys, if any, about the plans to sell the property so that they can obtain any necessary authorization from the divorce court.

Have a question about buying, selling, or leasing property in Texas? Ask us. Not all submitted questions can be answered. 

Categories: Legal, Buyers, Sellers, Homeowners
Tags: buyers, sellers, contracts, legal, legal faq, consumers

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Legal disclaimer

The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on Any legal or other information found here, on, or at other sites to which we link, should be verified before it is relied upon.

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