Legal Question in Real Estate Law in Mississippi
What are my rights?
This question pertains to using a realator when selling a home. My husband (who is unemployed at this time}, took it upon himself to have a real estate agent come to our home and discuss putting it on the market. We have planned to move, BUT, it should be something that we BOTH met with the agent on, right? Long story short, hubby signs all the paperwork to put the house on the market. Now here's where I was stupid. I don't understand all the loopholes of real estate, other than, I thought that you could try selling the home and all, but that you did not have to neccesarily leave if a buyer came along with the money. Now, I am finding out the hard way that this is not the way it goes and that basicly I could have the roof over my head bought right out from under me, with no place to go at this point!!! I would like to know what my rights are, and also, the price that he put on our home is not enough, so are we allowed to say that we want more, now that he listed it for what he said? I am so confused and upset about the whole situation, and I have 3 children who see me stressed out because I don't have anywhere to move, until we find something. My husband is getting the cart before the horse as the saying goes. please help!!!!!!!
1 Answer from Attorneys
Re: What are my rights?
In Mississippi, the homestead cannot be sold without the signature of both husband and wife. This is to prevent the husband from selling the property without the wife's participation. My off the cuff thought is that the husband's signing with a realtor of homestead property is not enough, but would also require your signature.
Consult a local lawyer and tell the buyer goodbuy. you are not bound by your husband's contract.
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