Legal Question in Real Estate Law in North Carolina

Marriage during Sale of home

My husband and I were married a few weeks ago. He has a contract to sell his home and the realtor is insisting that I sign the contract as well. I do not own any part of this home. My name does not appear on the title or on the mortgage. Am I legally obligated to sign the contract or participate in the closing?


Asked on 7/15/09, 10:06 am

2 Answers from Attorneys

Jeff Rosner Rosner Law Firm P.A.

Re: Marriage during Sale of home

You will have to sign the deed in order for your husband to convey good title b/c you have certain marital rights in the property by virtue of your marriage.

Legally, you should not have to sign the contract (you can call the NC Real Estate Commission and ask for the legal department and see if they agree and if they do refer the realtor to them). Your husband should be able to sign - but by signing he is assuring the buyers that he can convey good title so he is basically indicating that you will cooperate.

Another possibility if you do not want to sign the deed, is to sign a free trader agreement that allows your husband to convey property he owns without your signature - the free trader waives your marital rights in the property.

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Answered on 7/15/09, 11:34 am
Jeff Rosner Rosner Law Firm P.A.

Re: Marriage during Sale of home

You will have to sign the deed in order for your husband to convey good title b/c you have certain marital rights in the property by virtue of your marriage.

Legally, you should not have to sign the contract (you can call the NC Real Estate Commission and ask for the legal department and see if they agree and if they do refer the realtor to them). Your husband should be able to sign - but by signing he is assuring the buyers that he can convey good title so he is basically indicating that you will cooperate.

Another possibility if you do not want to sign the deed, is to sign a free trader agreement that allows your husband to convey property he owns without your signature - the free trader waives your marital rights in the property.

Read more
Answered on 7/15/09, 11:34 am


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