Picture this. You find the house. Your offer gets accepted. You pay for the inspection. You start packing boxes and making plans.
Then, right before closing, you find out there's a second name on the deed. And that person is a divorcing spouse who says she's not signing anything.
That's the kind of surprise nobody wants at the closing table.
What Almost Happened
We recently represented a buyer purchasing a home in the Treasure Valley. The listing named one seller. But before we wrote the offer, we pulled the recorded deed, something we routinely do when preparing an offer for our buyers.
It showed two owners: the seller and his wife.
That immediately raised a question. Why was only one person being presented as the seller?
We asked.
We were told the couple was going through an amicable divorce and that she would cooperate with the sale.
Maybe she would have. But we weren't willing to have our buyer spend weeks moving toward closing based on a promise that everything would work out later.
Why We Check the Deed Before Writing an Offer
Instead of waiting and hoping, we addressed the issue in the offer itself.
We required the seller to provide us with a copy of the recorded quitclaim deed, showing her interest in the property had been transferred, within three business days of acceptance.
And that's exactly what happened.
Quietly. Early. No drama.
Most buyers never see this part of what we do. There's no dramatic rescue at the closing table because there's nothing left to rescue. The potential problem was identified and dealt with before it had the chance to become our buyer's problem.
That's why checking recorded ownership is one of the steps we don't skip when preparing an offer.
A Quick Note About Ownership and Title
This isn't legal advice. Every ownership and title situation is different. Questions involving deeds, divorce, community property or ownership rights may require guidance from a title company or real estate attorney.
As real estate brokers, our role is to recognize potential issues, ask questions, and help protect our clients as they move through the transaction.
What This Means If You're Buying in the Treasure Valley
A home purchase can look straightforward and still have a wrinkle nobody mentions until someone starts asking questions.
Checking the deed is a small step. But in the wrong situation, it can save a buyer weeks of stress, money and uncertainty.
Sometimes the most important work your real estate broker does is the problem you never knew you almost had.
If you're buying in Nampa or anywhere in the Treasure Valley, Judit Crace and Isaac Crace at Top Idaho Real Estate will help you pay attention to the details from the first showing through closing.
Frequently Asked Questions
Should you check the deed before making an offer on a home?
Yes. Checking the recorded deed can help identify who holds an ownership interest in the property and flag potential issues before a buyer gets too far into the transaction. We routinely check recorded ownership when preparing offers for our buyers.
What happens if there is another person on the deed?
If another person appears on the recorded deed, it may mean that person's ownership interest needs to be addressed before the property can be sold. The circumstances vary, so questions about ownership or title should be reviewed with the title company or a real estate attorney.
Why does it matter if the sellers are getting divorced?
Divorce can make property ownership more complicated, particularly in a community property state like Idaho. A divorce does not automatically tell a buyer who has the legal authority to sell a particular property, which is why checking the recorded ownership and involving the appropriate title or legal professionals is important.
What is a quitclaim deed?
A quitclaim deed is a document used to transfer whatever ownership interest a person may have in real property to another person. It does not provide the same warranties about title as some other types of deeds. Once recorded, it becomes part of the property's public record.
Posted by Judit Crace on
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