“Does my spouse need to sign if I am selling my old home that I owned before we were married? She was never on title with me…”
If the selling party is married, their spouse MUST join in signing the deed, whether or not the spouse is on the title currently. The sale is not valid, if the spouse does not join in signing the deed w/ very limited exceptions.
What is a Deed?
A deed is a legal document that conveys real estate from one person or entity to another. A deed will include several provisions, such as:
- A description of the property (including the official, legal description)
- The names of the individuals or entities who are selling the property
- The names of the individuals or entities who are purchasing the property
- The date the transfer is effective
Because the deed conveys the property from the prior owner to the new owner based on the real estate sales contract, only the selling party needs to sign this document. It will also need to be notarized as well.
What Happens After the Deed is Signed?
Once the deed is completed, it will be recorded with the county where the real estate is located. A deed is only good to third parties if it is recorded correctly, so this step is an essential part of the real estate transaction.
The deed is also added to the abstract. The abstract is a hard-copy document that outlines the history of the real estate. It provides a listing of everyone who has owned the property and various other information that affects the real estate, such as easements and liens.
What Else do I need to Consider?
Several documents are executed between the parties in a real estate transaction. A real estate sales contract will outline all of the need-to-know information about the deal, including things like:
- The property involved
- The purchase price
- How the title will be transferred
- Any fixtures or other personal property that is included in the sale
- Closing date and possession date
- Terms regarding who will pay property taxes
Although the real estate sales contract certainly contains the most detail about the transaction, it does not actually transfer the property from one person or entity to another. Instead, the parties must execute a deed to finalize the sale. The real estate sales contract is just one of several agreements that will need to be signed as part of the sale process.
If you want help navigating the real estate sale process in Iowa, Jeremy Danilson of Danilson Law is a great resource. Call 515-512-5500 to set up an appointment today.
