Mortages Deeds and Purchase Agreements

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I know this is a stupid question. If only the husband name appears on the deed as him being married but the sole owner of the property does the wife have any claims to the property as well. And if so should her name belong on the purchase agreement if you wanted to buy the house. I am trying to short sell a property and I have never seen a deed worded this way.

Any help is greatly appreciated!

Comments(2)

  • Vern30th January, 2003

    Hello Flipmaster,
    Well it is like this here in Kentucky. One spouse to buy and two to sell. You will just have to check the real estate laws for your state. Maybe there is some exception to this rule if the property was held prior to the marriage.

  • JohnLocke30th January, 2003

    flipmaster,

    Glad to meet you.

    Vern is correct some States have Community Property laws so even if the wife is not on the deed she still has an intererest in the property, you will have to check your State laws.

    The correct way to proceed if the wife is not on title is to have the husband sign a Warranty Deed or other State Specific device then have the wife sign a Quit Claim Deed to the husband.

    This way your are covered, however this is how it is done in Nevada, so check with a professional who understands the process where you live.

    Welcome on board this board, I am not one to answer legal questions but this should set you on the correct path.

    John $Cash$ locke

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