07-05-2007, 10:39 AM
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Senior Member
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Join Date: Nov 2006
Posts: 462
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Quote:
Originally Posted by angfarm
I have been thinking about selling a house I purchased prior to my marriage. The house and mortgage is in my name only. My husband has zero interest or investment in the property (other than insisting he gets half of any profit). Can I list it as the sole seller/owner of the property or do I have to add his name to the listing contract?
I am in Missouri, not a community property state.
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Tricky situation here. Before you sign anything, you may want to check the following link, in particular #2: http://www.moga.state.mo.us/statutes...4520000330.HTM
You're correct in that Missouri is not a community property state, but an 'equitable distribution' one, which simply means marital property acquired before and during the marriage will be distributed "equitably" by the courts if the parties can't come to their own agreement in the case of a separation or divorce. I'm of the opinion that yes, you can sign the listing agreement yourself if in fact, you are the sole owner of record on title, but unless you acquired the home by the means listed on the link, it could be argued the home was in fact marital property, should the 2 of you either separate or divorce in the future. Further, any proceeds can also be considered marital assets which may also be divided 'equitably' in the same circumstances. Refer to the question re: Marital vs NonMarital Property on the following link:
http://72.14.253.104/search?q=cache:...gl=us&ie=UTF-8
While you don't indicate divorce/separation is even a remote possibility, I can't help but recommend a brief consultation with an attorney before you sign the agreement. It's just my opinion that you look a little further ahead to the day of closing, when the proceeds check is handed to you. He/she can advise you whether or not your husband is entitled by law to a portion of those proceeds within your current marriage.
Just something to think about, in my opinion. Good luck.
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