Legal Question in Real Estate Law in California

Re: What is a legallisting agent contract

Husband and wife on title to property must BOTH sign to convey the property, or the conveyance is voidable. CAll me if you have any questions. Good Luck.

Re: What is a legallisting agent contract

I don't think the answer is as black-and-white as the previous answer suggests. If the building is held as community property, Family Code section 1102 applies, and both spouses must join in executing any instrument by which the community real property is leased for a period longer than a year, sold, conveyed or encumbered.

On the other hand, if the building were owned by husband and wife as tenants in common, or as joint tenants, or if the building is owned by a corporation of which H and W are the shareholders, different rules apply; and it may be possible for either spouse to sell his or her half interest. The question then becomes, who would want only a half interest? Nevertheless, the separate sale of such a part interest is theoretically possible, even if commercially impratical.

More importantly, a listing agreement is not the same as a lease, sale, conveyance or encumbrance. It is only a contract for services, and may perhaps be validly executed by the husband alone.

See, for example, Family Code section 1100(d), allowing a spouse who is operating or managing a business interest, even though the interest is held as community property, to "act alone in all transactions" provided he or she gives "prior written notice" to the other spouse of certain dispositions of the personal property of the business.

I would say that if your husband was managing the business, there is a good chance a court would uphold the listing agreement under F.C. section 1100(d), regardless of ownership. This does not mean that a sale could be effected without your signature, however. Just keep in mind that a listing and a sale are legally different.

Also, there is a requirement in the Family Code, at sections 720 and 721, that spouses' dealings with third parties, and with each other, are subject to a high standard of ethical conduct, good faith and full disclosure. So, even if your husband's listing agreement is valid without your signature (and I cannot conclude that it is without the additional facts mentioned), if he has violated any ethical requirement, you may have a claim for damages based on breach of that duty, which could be asserted in the dissolution proceeding.

Finally, if you are in a dissolution proceeding and not represented by a lawyer who can answer questions like this for you, you should retain one soon. In a divorce where there are assets such as industrial real property, too much money is at stake to warrant a "do it yourself" approach to handling the legal issues of divorce.

Re: What is a legallisting agent contract

absolutly not both signatures are necessary and i know of no title co which is the end determinor who will give clear clean title without both signtures on all final transfering documets --- never have i lost a case with the bare facts you have given but if there are extenuating circumstannces or facts this could possible be different