Legal Question in Real Estate Law in California
I am on the Title of a property that is being sold by my ex-wife. Does the selling agent have to have me sign the listing agreement, accept offers and provide me with preliminary escrow / closing cost breakdown?
2 Answers from Attorneys
Not necessarily, no. It all depends on the details of the divorce settlement/judgment, why the property is being sold, who is entitled to the proceeds and by what calculation if there is to be a division between you. If, for example, she was awarded the property in the divorce and you just haven't been taken off title yet, you would not be entitled to any information about or participation in the sale. You would simply be obligated to sign whatever deed and other documents might be needed to clear you off title so she can close the sale.
It depends on what the nature of your title is and what your divorce agreement says. If your ex was awarded the house, then she can sell it without your involvement. You will have to sign off on the deed at some point. The amount of your involvement and required cooperation will depend on your divorce agreement. If you interfere when you have no right to do so, you can expect to be dragged bag into court.