During the last couple weeks, I have had real estate transactions dealing with couples who are in t he process of getting divorce. As unfortunate as this situation is, the situation causes a real estate transaction to become more complex.
As a younger real estate agent, I learned a lesson pertaining to Washington State’s community property law. Specifically, I had an open house that resulted in two separate buyers for the home. One was a couple who had a property to sell as a condition of sale and the other buyer, a “single” gentleman, who was willing to pay cash for the home. Since both were offering asking price, the seller accepted the cash offer.
A title search revealed the single gentleman was married to a lady who was in a mental institution. The buyer did not have a power of attorney from his wife nor could his wife provide one because she was not legally competent. Without a valid power of attorney, the buyer was unable to purchase real estate in Washington State, even for cash. The offer had to be rescinded and the couple purchased the home. Ultimately months later, a judge had to issue a power of attorney for the “single” gentleman.
When dealing with married couples and only one is signing legal documents, a power of attorney is necessary or a quit claim deed. Both of these documents affect legal rights; therefore, the advice of an attorney may be appropriate.