How was Title taken? Even with the homestead law, you need to see how title was taken. If it is just your name. married woman, as sole and separate than you are the legal owner. If it says name,name, as husband and wife, joint tenants then both of you would have to sign.
If your agent is telling you that your husband has to sign a document it is probably a quitclaim deed so that he signs away all his rights to ownership and you can sell the house on your own. Are you going through a divorce?
Legally he has an interest in this property.
I see RED FLAGS on this transaction.......Is there any other way to sell a home that is owned by 1 spouse without a signature from the second spouse ?
You have none. I work in the field of Florida real property law and I can tell you that under the Florida Constitution, any sale or mortgage of homestead property requires the joinder of your spouse, even if yours is the only name on the deed when you bought the property.
Homestead exists as long as you live there, whether you take the homestead tax exemption or not.
The only way homestead disappears if you move off the property permanently with no intent to return. Moving out temporarily will not do the trick.
You cannot transfer the property into a trust or anywhere else, again because your spouse has to sign on that transfer as well.
At the end of the day, as long as you are legally married, your spouse has to sign the deed, even if you are in the process of getting a divorce and he is living somewhere else.
The only way you can sign for your husband is if he has given you power of attorney to do so. Basically it is a document set up by an attorney and states you can sign on his behalf
I would check with a real estate attorney. In the state of Colorado, there is absolutely no way I could list a house, much less sell it, if both owners did not sign. If that person is dead or incapable of signing, the attorney can help you explore the options you'll need to sign.
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