Any Attorneys on the site? Question Regarding real estate in Ohio.

[BMOTOXSTAR]

Here is the question,
     My wife purchased a home before we were married. Her name is on the deed & her name only, same as with the home loan. We are going to put the house up for sale but the real estate agent says that I have to sign as well due to her & I being married now.
       I want nothing to do with this property & my wife is cool with that. I want to check with my attorney about the real estate laws in Ohio but he is on vacation for 3 weeks.
                 Thanks Mopar pals.

[70charger_boy]

hmmm....I don't see a reason why you have to sign the paperwork since you're wife is selling.  If you were buying it would make sense

I'm not a lawyer, but I stayed at a holiday inn

[RECHRGD]

Well, I'm no lawyer either, but if your in a community property state you may legally be entitled to 50% of the total value of the marital estate.  So, that would most likely put you on the signiture line.    Bob

[HITMAN 149]

well i'm no lawyer either..... BUT it seems that every drunkin jackass that i either pull over, give a ticket too or lockup....seems to think they are a friggin lawyer!?!?!?!?!? if you want i can probably get you in touch with some of them, when i go to court!?!?!?!? 
sorry for the sarcasm.... BUT i just couldn't resist!!!!!

[last426]

I am not your lawyer and do not practice in your state.  The likely reason the agent (did I tell you that I hate real estate agents) wants you to join in selling is because she is afraid that you might have received an interest because you might be in a community property state.   As an alternative you might execute a quit claim deed to your wife that transfers all of your interest (even if there is none) to your wife.  As a practical matter. it would be legally cleaner if your wife sold it alone and preserved the separate nature of the property by putting all the assets into a separate bank account, if that is what she wants or that is what a prenup requires.  On the other hand, if commingled, joint funds were used to pay the mortgage or repair the property, at least to the extent of funds used, you do have a community interest. There may be a downside to signing taxwise.  Do check with a decent lawyer. And above all things, check out my hemi at www.marlia.com. Kim

[68charger383]

I don't practice in Ohio, but their just being careful. Ohio is not a community property state, but a spouse could argue that they have an interest in the property etc. down the road and then the agent would be caught up in the mess. In addition, although its not a community property state, income from the martial estate could have been used to maintain and fix up the property which may give you an interest or allow you to claim an interest if you were to bring an action down the road against the agent/new owners etc. in a divorce. The signature represents your knowledge of the sale. It prevents someone from selling a property that they claim they own solo, but in fact it is owned as a marital property.

By signing off on the sale, your acknowledging that you know about the sale, have no interest/or are also selling whatever interest you may have. So down the road if an issue were to pop up its left between you and wifey, the agent and new owners are free and clear. 

Bottomline: their running a tidy ship and leaving nothing to chance and most importantly....."covering their a@@"

[BMOTOXSTAR]

I thank you all for the help. I did some research & did in fact find out that Ohio is not a community property state.
My wife explained to the agent that the property is her investment & her investment alone. They are listing the house for her.This is after they try & tell her that I must sign in order for them to list. She explained that she would have to sign with a different agent, they soon changed their mind.
  I really do appreciate all of the help with this.
I think this goes to show how an agent will not tell you the BL & just try and force you into something. If I feel leary I always question.

[70charger_boy]

Always be firm with real estate agents.  i know that when I sold my house, my realtor put it on the market for a quick sale so she can get her commision faster.  Next time, I would make her work for it

[charger Downunder]

Hey guys im a real estate agent in Australia he is just being over cautious to make sure he gets his commision. By the way we only charge 2.5% of sale price over here.

[Todd Wilson]

In Kansas if you are married and there is any kind of real estate deal going you got to have sigs from both spouses. Buying or selling and even getting a home equity loan would require both sigs. I got a home equity loan a few years ago and was just newly married. I had owned my house on my own before being married and was getting the loan in my name only and they still required my old ladys sig stating she was aware of what was going on.



Todd