Can You List a Property with Only One Spouse’s Signature?

A major question I get all the time is “can I list a property with only one spouse’s signature?”

In a family law case there is something called ATROs and that stands for Automatic Temporary Restraining Orders. This is something that the court places on many things in a case including the sale of a house.

The court has jurisdiction over the sale of the property. One spouse cannot unilaterally sell the property without having the other parties cooperation or an order by the court.

If you take a listing with just one signature on the listing agreement you’re eventually going to find yourself stuck when you go to get an offer.

The court isn’t going to really back you up because the court didn’t make an order for the house to be sold yet and the other spouse who said they’re not going to cooperate still isn’t going to cooperate.

In the end, you end up spending a lot of time and headache dealing with something that should have been dealt with prior to the listing being taken.

As a general rule of thumb, I will not take a listing without both parties signatures or at least the signatures who are on the title.

For instance, if a husband and wife are on the title that’s who I need on my listing agreement. I want to get all those fires put out before I ever sign a listing agreement.

If you have any other questions reach out to me at www.DREInstitute.com and if you would like any more information on how to handle divorce listings there’s a lot of information on our website.

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