My husband's not on title. We're in a community prop state. Does he need to sign the listing agreement?

Question

I'm getting a divorce and my house, which was purchased during the marriage and is community property, needs to be sold. The title says it belongs to me as my "sole and separate property." Do my husband and I have equal rights in terms of signing the listing agreement and accepting offiers? Or do I call the shots here?

Answer 1

Bring your lawyer into this, IMHO, you call the shots, but you'll have to give him half the net profit realized after the date of your marriage. And he can force you to accept the best offer, so you can't low-ball the sale.

Answer 2

While he may not have to sign he listing agreement, in most states he will need to sign the purchase agreement. One to buy, two to sell. But I strongly urge you to ask an attorney.  

Answer 3

If the title says it is your "sole and separate property," then why do you have to sell it in the divorce?  What does your property settlement say?  What does your divorce attorney say?  If it were really your "sole and separate property," you should not have to sell it in the divorce.  Since, apparently, you do have to sell it as part of the divorce settlement, then he needs to sign the listing agreement and you two must jointly accept any offer, attend and sign at the closing, etc.

Check with your attorney if the settlement agreement is not clear to you.

Answer 4

Until you get divorced (baring a judicial decree) since you are the only party on paper, you can do what you want with the property. It will then be up to him and his lawyer to ensure that they determine (prove) how much you got for it, for disposition of community assets. He would have to get an injunction to stop you from selling it.