Q: i am selling house, i am only one on title. on selling documents realtor put me and my wife as seller, is it ok
should i ask for my wife to be removed from selling documents since i am only one on title to make things easier, and if she is on agreement as a seller can it make it more difficult for tax paperwork (or anything else like that)
A: If this is your principal residence, your wife has homestead rights in the house and she will need to release those rights on the deed. You should hire an attorney to represent you with this transaction, and that attorney can explain these homestead rights more fully to you.
It depends on the precise documents you are referencing, and your attorney would be in the best position to address your specific questions regarding the transaction. If you are not represented by an attorney, you should absolutely hire one immediately.
Many of us represent sellers in residential for a small flat fee ($500+/-). For that flat fee, we will not only be accessible to you throughout the entirety of the transaction to answer questions such as these, we will draft all closing documents, negotiate terms that are favorable to you, and attend the closing itself to ensure you and your family's interests are protected. It truly is in your best interest to hire an attorney ASAP, and since the fee is flat, it makes the most sense to consult immediately. There is simply to much on the line to risk being unrepresented during such an important transaction.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.