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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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 12 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.
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 AttorneyPages.com 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.