Selling Real Estate Mortgage and Deed

4 Replies

We are working with a family that is preparing to put their property on the market for sale. Furthermore, the wife name is listed on both the deed and the mortgage. The husbands name is listed only on the mortgage. In this situation, since the husband name is not on the deed, is he allowed to try and sell the home for more than what is owed on the mortgage? From our understanding, he has no control over this property due to the fact that the deed does not list his name. Any final decisions will be left to the wife.

We want to make sure we have a full understanding of what powers the husband actually has in this specific situation. 

@Raymond Hill

Is it the husbands home? Some states treat homesteads differently. Did the husband just guarantee the loan or was deed done in error? Were they married when the wife bought the property?  All this could affect the ownership and cloud the title. Best to get husband in on the sale if possible quitclaim any interest, etc. title company will have last say but make sure they include jim in the policy. 

Where is the property? If Rhode Island, non-titled spouses are not required to sign off on transfers.

H has influence in your transaction because he is a spouse apparently involved in decisions concerning the property, but he won't be required to sign any paperwork. 

He could have been left off title for a number of reasons.

From my understanding he has no say what so ever because his name is not on deed.  his wife needs to sign off on any / all decisions 

The wife certainly has to sign the listing agreement, purchase contract and deed.  Whether or not the husband has to sign the deed will be a state specific issue, as to community property, etc.

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