I think there are missing facts here. Why does she need to sign an interspousal deed? Is she on title? If so, you won't be able to close escrow. If not, and the title insurance company is willing to issue a title insurance policy to the buyer and buyer's lender, then you are okay.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
I am confused as well. Did you enter into a contract by yourself to sell a property that you and your wife held together? If so, shame on you, and on the buyers. The buyers cannot do much about it, because they should have insisted on your wife's signature on the contract, as well.
On the other hand, if your wife also entered into the contract, she may cost the two of you a significant amount of money when the buyers sue to enforce the contract and the court makes you pay their attorney's fees.
All true as counsel stated. Are you going through a divorce? It sounds like you are. Do you have an attorney? If you don't, hire one. You can motion the court ex parte for an order shortening time for service and for hearing for the judge to order your wife to sign the documents and, if she doesn't do it, have the court appoint an elisor to sign the documents. Tell your real estate agent what's going on and work this out with the buyer.
Yes, if you don't act, it could mess up the deal as you put it. Hire a family law lawyer who understands real estate transactions.
I haven't reviewed your file or the documents although I've seen and handled cases like this before. If you've got a buyer in this market at this time of year and you want to sell, do it. Don't wait. Hire a lawyer this week. There are several lawyers on Avvo, includng me, who handle cases like this. Call and hire one.
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This presents itself as a complicated issue and I suggest you consult with an attorney quickly before the pending escrow is compromised. We can offer a complimentary initial consultation.
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship