Get some legal help when correcting deed to home
Q: My wife and I bought a house together. We both signed the mortgage, but only my name is on the deed. How do we correct it? She is bugging me about it.
A: Who knows how this happened. To be sure, it is community property and a homestead, so you can't sell it without her signature, anyway. You can convey an undivided interest, but it may be construed to be her separate property if it is a gift. You can also agree to execute a separate agreement agreeing that it is community property. Get competent legal help. It isn't expensive, but you don’t want to create a bigger problem while solving a minor one.
Q: I listed my property with a well-known brokerage company. There were no showings, no contracts, no open houses. I sent them a letter terminating them. That did absolutely nothing to help. Right after I terminated them, I got an offer to purchase my home from a purchaser
who was not represented by a broker, at almost full list price. Can I go ahead and sell and not have to pay a commission?
A: Well, tough question. If your listing was an exclusive right to sell listing and this potential buyer saw that your home was for sale, the broker may think they are the procuring cause of the sale. If the broker's listing was terminated and the new purchaser did not know of the listing, the broker was not the procuring cause. Talk bluntly with the purchaser, determine how they knew the house was for sale, then proceed to make your decision with the broker. We must warn you that some brokers can get aggressive in these matters.
Farewell: This is our last column, and we have really enjoyed writing it and the comments we have gotten over the years.
Answers to questions do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney. George Stephens is the broker of Stephens Properties. Charles J. Jacobus, J.D. is board certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law.