Legal Question in Real Estate Law in New Hampshire

Re: Husband and Wife involvement in Home Sale

Hello and Thanks for Writing -

You raise an interesting question, and I see attorneys, title companies and realtors getting it wrong - here is the textbook answer to your question.

If the seller is on title alone (regardless of whether s/he purchased this property prior to marriage or during the marriage) AND the seller (and his/her spouse) do not occupy the property (in other words, it is not their PRIMARY RESIDENCE or home) then, technically, the seller's spouse can be completely uninvolved in this process without any risk to you. Without turning this into a real estate seminar, if the seller and his/her spouse did live at the property, even if the spouse wasn't on the deed or title, you would have the seller's spouse sign what's referred to as a "release of homestead" on the warranty deed to you.

Having said that, if I represented you, I would adopt the best course of action - I would insist that the seller's spouse sign a release of their homstead rights on the warranty deed REGARDLESS of whether it's their primary residence or not.

My name is Len Foy and I'm a real estate attorney with the Law Offices of Gould & Gould - we're in Londonderry NH - our # is (603) 434-3437. If you'd like further assistance or legal representation feel free to give me a call.

You've asked a great question - I hope that my answer gives you some peace of mind going forward.

Regards & Good Luck -

Leonard Foy, Esquire