Legal Question in Real Estate Law in Maryland

Re: Sell of Property

Since your name isn't on the deed of conveyance, which is the document that identifies the legal owner of the property, your spouse can sell the house without your consent. Whether your name is on the deed of trust (mortgage) is irrelevant because that will be paid off. As for as the "commission" is concerned, normally what happens in these scenarios is the agent contacts the seller and says they have a potentially interesed buyer and asks if the seller would be willing to pay a commission. If the seller agrees, the agent gets the commission if the agent's prospect becomes the buyer. In this situation, unless the agent revealed that in fact they were the interested party, I don't think it's appropriate to expect a commission. If your spouse signed a commission agreement with the agent, that might answer your question as to the agent's right to the commission.