Legal Question in Real Estate Law in California
In the real estate contract signed by seller and buyer, if the Seller signed the contract, his name only without his wife signature. His wife's name was on the contract as well. But on the title. his and his wife's name are shown as xxxxx and xxxxx family trust.
Does this contract still valid?
Thank you.
3 Answers from Attorneys
That post does not make any sense at all.
Your question is unclear. Are you saying the sellers are husband and wife, but only one of them signed? That would be legally insufficient; both spouses must sign if the property is held in co-ownership. Or, are you saying they failed to sign in their capacities as trustees? If both signed, and the document otherwise shows that the property is in a family trust, of which the signers are the trustees, it is probably OK that the actual signatures do not say "as trustee of the ......... Trust."
If he is trustee, and she is not, or if they are both trustees, but the trust allows either of them to act on behalf of the trust, it is valid.
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