If my sister, brother and I are on a warranty deed on our parent’s house and it’s for sale, why would spouses have to be included in the paperwork?

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If my sister, brother and I are on a warranty deed on our parent’s house and it’s for sale, why would spouses have to be included in the paperwork?

Asked on July 10, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You mean that the other side - buyer of the home - wish to include your spouses in the sale paperwork?  I could understand that they would want the spouses to waive their rights to the sale money and state that the proeprty is inherited (separate) property and not marital property.  But I see no reason they should be on the contract of sale or any of those documents.  Ask your lawyer.  Good luck.  


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