BIC TIP #1161: Married Couple Signatures on Real Estate Listings
Some tips are oldies but goodies, and this one never goes out of style. If you are the listing agent and your seller is married, you need both spouses on the listing agreement. Not one. Not “the one whose name is on the deed.” Both. Stephen Long, your Notorious BIC, says it plainly: if they are married, both people need to sell.
The Deed Does Not Tell the Whole Story
Brokers get tripped up when a seller bought the property before the wedding. The deed shows one name, the seller says it is “my house,” and the listing gets signed by one person. That feels logical. It is also a problem waiting to happen.
Even if the property was purchased before the marriage, Stephen reminds brokers that you still need both signatures in order to sell. The spouse who is not on the deed still has a role at the closing table, and the time to bring them into the process is at the listing appointment, not the week before closing.
Separated Is Still Married
Here is the part that catches a lot of agents off guard. Separated is still married. In North Carolina, a person is not divorced until they are legally divorced. A separation agreement, a different address, or a seller who swears the spouse “has nothing to do with this house” does not change that.
So if your seller is separated, plan on getting the other spouse to sign the listing agreement too. Yes, that conversation can be awkward. It is a lot less awkward than a closing that falls apart because a required signature is missing.
Why This Protects Everyone
Getting both signatures up front is about one thing: a smooth closing where everyone is at the table. When the listing agreement is signed by both spouses, you have confirmed early that both parties are on board with the sale. You avoid surprises, delays, and the very real possibility of a buyer being left hanging.
If the relationship is complicated, or there is a question about ownership, loop in your broker-in-charge and encourage the seller to consult a real estate attorney before you get too far down the road.
The Practical Takeaway
At every listing appointment, ask one simple question: “Are you married?” If the answer is yes, or “sort of,” or “we are separated,” both spouses sign the listing agreement. Married means two to sell. Separated means married. Lock that in at the start and your closing table will thank you.
