Do both owners of a house have to be on the sales contract?

UPDATED: Aug 3, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 3, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do both owners of a house have to be on the sales contract?

My ex-husband and I are just now selling our jointly owned house. I discovered, by accident, that he had signed a contract with a real estate agent, listed the house, and signed a contract with a buyer without even telling me. Don’t both of us have to sign the contract with the agent, especially if I am bound by the decree to pay half his fee? What about accepting an offer and signing a contract with a buyer? My name doesn’t even appear anywhere on the contract. And yes, my name is on the mortgage.

Asked on August 3, 2011 Texas


Richard Weaver / The Weaver Law Firm

Answered 11 years ago | Contributor


Visit for futher real estate information.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I assume that you are on legal title to your home  of record with your husband when you reference that your former husband and you are selling your jointly owned home.

If you are on title to this home, for the contract to sell all recorded ownership interests in the home to be enforceable, you also have to sign the sales contract and the grant deed at close of escrow.

Also, if the home is listed with a real estate agent for sale and you are on recorded legal title to the home, the listing agreement is not valid with respect to your interests to be sold since you did not sign that agreement as well.  

In all likelihood if you are on legal recorded title to the home being listed for sale and you do not sign the listing agreement and sales contract with the buyers for it, the sale will not go through escrow.

You and your former husband have to both sign all documents including purchase contracts when selling your home under the facts you presented.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption