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Selling to a married person 2017-09-13T16:29:34+00:00

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  • Matt
    Participant
    Post count: 44
    #11870 |

    Hey guys, general question here. If you are selling to a married couple (I’m in a community state) are you required to put the spouses name on the deal. Here’s a scenario:

    You’re selling to someone. Do you ask if they are married?

    If they say yes, are you required to include the spouse on the deed? I think in some states if you leave the spouse off the deed then they are required to acknowledge that they are being left off the deed.

    Just curious if anyone has a general plan of attack when it comes to this.

    PS I know my guy is married, so I’m just asking for the spouse’s legal name and putting joint tenants with rights of survivorship.

    Thanks in advance!

    Rodney POWELL
    Participant
    Post count: 15

    Not sure about everywhere, but Texas is a community property state. Here it only takes ONE to buy, but BOTH to sell.

    So ~ no need to put the names of both spouses … unless they want to do so.

    Whenever they sell though, BOTH are required to sign even if only one name was on the deed.

    There are a few exceptions when selling … like inherited property, or property acquired before marriage. Even so, the other spouse will usually sign a non-homestead affidavit.

    Hope it helps you,

    – Rodney POWELL

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