Seller Advice July 12, 2023

Why does a spouse have to sign if they are not on the current property deed?

I get this question a lot! Here are a couple example scenarios:

Wife inherits a property from an Aunt’s Estate. It is willed to her directly. Wife now wants to sell it. Why does her husband have to sign the closing documents? He was not willed the property.

  • In this scenario, the title insurance will be the primary driving factor of why the spouse must sign closing documents. Most likely, a buyer will request that title insurance is purchased for this property. This ensures they are receiving a free and clear title (that is also ensured with an insurance policy in the case of a future mishap). The title company has a team of Underwriters that manage documentation and protect the title company’s interests. Usually, these underwriters will require that a married spouse also sign these documents conveying the property to a new buyer. Easily said, this makes sure that both parties are on board with selling the property and there are no discrepancies.

Heather Chambliss, Realtor

CENTURY 21 Cota Realty

Serving Shelby County, Texas and surrounding Counties including Sabine County, Nacogdoches County, and San Augustine County, Texas.

936-591-1196

heatherLchambliss@gmail.com