Why would I have to sign a real estate sale if my name is not on the deed?

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Why would I have to sign a real estate sale if my name is not on the deed?

My wife inherited some land wants to split it up and sell it with her cousin, brother and sister from her aunts estate. What would happen if I don’t sign? What is the advantage for me to sign?

Asked on September 3, 2010 under Real Estate Law, Kansas

Answers:

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

Answered 11 years ago | Contributor

I would agree with you.  There appears to be no need for you to have to sign anything regarding the property.  Are you possibly signing a document that waives any right that you may have to the property due to your marriage?  That may make sense so that you can not claim any dissipation of a marital asset should you at some point choose to get divorced.  But if the property has never been "co-mingled" so to speak, and can not be considered a marital asset by any stretch of the imagination then I see neither an advantage nor a disadvantage to you. Discuss the matter more fully with your wife and ask the "why" that you seem to need to ask. Good luck.


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