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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55132
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I am in AZ. I bought the home as a single person back in 2008

Customer Question

I am in AZ. I bought the home as a single person back in 2008 and was the only signer on the loan docs. I was recently married in March of this year. As we started moving forward in the sale negotiations, I and only I have been the one signing the offer, counteroffer papers. Is this how we should be going about the contract with perspective buyers, or should my new wife be signing as seller also although she is not on any of the loan docs when the home was purchased in 2008. It is recorded with the County with just me as owner.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
Because you purchased this property when you were single, as long as you did not put her on the title, it is your sole and separate property. You are also solely responsible for the loan which will be paid at closing so the loan is really irrelevant. Thus, yes, you can proceed forward as the only person on the contract with prospective buyers. The only thing that your wife will likely be required to sign is at closing is a Waiver of Homestead Rights for the title company issuing the title policy to the buyer. Title companies want to make sure your wife isn't going to claim some kind of homestead right so require the spouse to sign just to protect themselves.
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