Does your spouse have to sign if only your name is on the deed?

Good to know: selling to us does not mean you have to do any of this yourself. A title company handles the closing paperwork.

The homestead rule

If the owner is married, a Minnesota conveyance of the homestead isn't valid without both spouses' signatures. The listed exceptions are a purchase-money mortgage, a conveyance between spouses, and severing a joint tenancy. A spouse's signature can be made by a duly appointed attorney-in-fact.

Wisconsin's rule is close: a conveyance giving up a married person's homestead interest must be signed, or joined by separate conveyance, by each spouse.

What if one of you moved out?

Don't assume that takes anyone out of the rule. Plan on both signatures, and ask your attorney about your facts. The IRS's moved-out rule on taxes is a separate question, and it says nothing about who signs a deed.

Whose name it's in doesn't settle who owns it

People often assume the deed decides the divorce. Neither state works that way.

• Minnesota: property either spouse got during the marriage, before the valuation date, is presumed marital no matter whose name is on title.
• Wisconsin differs here: a divorce court presumes all property is divided equally, except gifts from others and inheritances. A house owned before the marriage isn't carved out by that alone.

If the house came to you before the marriage, or from your family, that's a real conversation to have with your attorney. It still doesn't mean you can deed it away by yourself.

What about a rental or a cabin?

In Minnesota a spouse can convey other real estate they own alone, but not the homestead, and the other spouse's rights stay attached. So the buyer may still want the other spouse's signature, and the restraints on selling during a case still apply. In Wisconsin, the ban during a case covers property either spouse owns, homestead or not.

Can a power of attorney do it instead?

A Minnesota spouse can sign through a duly appointed attorney-in-fact, as the homestead statute says. But if a power of attorney gets used to move marital property without the other spouse's consent, it isn't a defense. An old power of attorney from happier days doesn't get anyone out of this. Talk to your attorney before anyone uses one.

What if the divorce is already final?

Then the question changes from "who's a spouse" to "who holds title now". Look at the decree and what was recorded. If title still shows both names, one of you may need a deed from the other, or the decree's real estate part recorded first. See mortgage and title.

What this means for any buyer, including us

We deal with whoever has legal authority, and that means every required signature. A title company handles the closing and will have its own requirements, so ask it early. Nothing closes until every required person has signed, or a court has said what happens.