If I have to sell an investment property and it was purchased prior to my marriage, does my husband have to be listed on the sale documentation?

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If I have to sell an investment property and it was purchased prior to my marriage, does my husband have to be listed on the sale documentation?

This property was purchased prior to marriage. He has no interest in the investment property.

Asked on July 31, 2011 North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your husband's name is not on title documents recorded with the county recorder's office on the investment property you wish to sell, then his name really does not need to be listed on the sale documentation.

However, it would be a good practice for his name to be listed an disclosed in the event of potential misunderstandings as to the sale. It is always best to overdisclose on a sale than underdisclose.

Most likely he will be required to sign a quitclaim deed at close to the buyers at escrow so as to keep chain of title in order and not have problems after close as to your husband claiming an interest in the property that was not transferred in the desired sale.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your husband's name is not on title documents recorded with the county recorder's office on the investment property you wish to sell, then his name really does not need to be listed on the sale documentation.

However, it would be a good practice for his name to be listed an disclosed in the event of potential misunderstandings as to the sale. It is always best to overdisclose on a sale than underdisclose.

Most likely he will be required to sign a quitclaim deed at close to the buyers at escrow so as to keep chain of title in order and not have problems after close as to your husband claiming an interest in the property that was not transferred in the desired sale.


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