Do both husband and wife have to sign listing agreement in florida. my husband sighned it without my knowledge.

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our home is a mobile home in a rental park. I was out of town and he signed without my knowledge. the title is in both our names with and/or as owners. we are in the process of getting a divorce.

Attorney Answers

3
Marshall Deason ·
Since your are renting the pad in the mobile home park, your mobile home is not real estate and is not subject to the Florida Constitutional requirements for conveyance of homestead property. Because of this, the answer to your question depends on how the home is titled. Rather than seeking an answer for an online forum, you should ask this question of the lawyer who is representing you in the divorce.
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tephen Ross VerbitBusiness AttorneyFort Lauderdale, FLFL licensed ·
More important than the listing agreement is the fact that the property cannot be legally sold without you executing the deed. The listing agreement does not alter this fact. Nevertheless, you should contact the broker with whom the listing agreement was signed and advise them that you did not sign and did not authorize your husband to sign the listing agreement on your behalf. Even more to your benefit will be to reach an agreement with your husband regarding the sale of the property and how to divide the proceeds. If you are going to have disputes in the divorce, you should seriously consider retaining an experienced divorce lawyer.
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John Ervin ·
I agree with my colleague that your husband cannot pass good title to the property without your signature, assuming it is titled husband "and" wife. Both of your signatures would be required to pass good title to the buyer pursuant to the listing agreement. Since there is no real property being conveyed as you rent the property that the mobile home is located on, there is no deed involved, simply certificate of title to the mobile home. Your husband may be bound by the listing agreement, but he cannot pass good title. The agent will want to know about this beforehand. As my colleague suggested, you should contact the listing agent and inform them that you are a co-owner of the mobile home. The next step would either be cancelling the listing agreement or adding yourself to the listing agreement as a co-owner. An agreement with your husband could be reached to equally divide the proceeds as part of the divorce. Suggest you review the listing agreement with your divorce attorney and make them aware of the asset as part of the marital estate and follow-up with a business attorney if there are any unresolved questions.
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