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  1. #1

    Default Ex-Wife Signed Contract to Sell Home Without Agreement to Sell

    My question involves real estate located in the State of: Florida
    Another situation. Ex-wife signed a real-estate agreement with a broker to sell our co-owned home, both names on deed, no mortgage. She did this without my consent. 1) Is contract legal and binding since only she signed the contract. 2) She now has an offer way below what home is worth and the realtor saw on the tax records both our names are on home. He's panicking, and she just wants to sell. Do I have any recourse, can they sell the home without my signature or consent? Thank you.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Ex-Wife Signed Contract to Sell Home

    The contract is probably legal and binding...on her and regarding her share of the property. She can sell what she owns but she cannot sell what she doesn’t own and that would be your share of the property.

    So, if you don’t want to sell at the price offered, then don’t sell.

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Ex-Wife Signed Contract to Sell Home

    Since you say she is your ex-wife I assume that you are divorced (i.e. the divorce is final). I also assume you both are still co-owners of the home. What this means is that she can sell her interest in the house without your consent but she cannot sell your interest in the home. So, if someone wanted to buy just her half interest in it she could sell her interest to that buyer, with the result that you end up co-owning it with the buyer. Of course most buyers want to buy all the interests in the house, not just half of it. So likely the realtor has good reason to panic because the buyer is probably expecting to get the whole property and unless you also agree to go along with the sale the buyer will back out of the deal and might even sue for breach.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Ex-Wife Signed Contract to Sell Home

    Quote Quoting KevinSunJones
    View Post
    My question involves real estate located in the State of: Florida
    Another situation. Ex-wife signed a real-estate agreement with a broker to sell our co-owned home, both names on deed, no mortgage. She did this without my consent. 1) Is contract legal and binding since only she signed the contract. 2) She now has an offer way below what home is worth and the realtor saw on the tax records both our names are on home. He's panicking, and she just wants to sell. Do I have any recourse, can they sell the home without my signature or consent? Thank you.
    How was the house addressed in your property settlement? Who is providing the upkeep and paying the property taxes and mortgage payments? How did the house fare with Irma?

  5. #5

    Default Re: Ex-Wife Signed Contract to Sell Home

    Thanks for the replies. We did an uncontested divorce, tried to keep it simple, hoping that two adults could make adult decisions. We've done fairly well so far. We both want the house gone but not at a tremendous loss. She sometimes takes initiatives on her own and thought I wouldn't mind... lol We both share in upkeep, taxes, etc. No mortgage. She's reasonable and will listen, but she signed a couple of things on her own and I wasn't sure of the legality of such. Based upon the replies we're not in jeopardy of gift wrapping away the home to the realtor and his flipper which is what I suspect they were up to when they conned her. No serious issues with Irma thankfully! Coincidentally Irma was what sparked her to make some irrational moves. Thanks again!

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