Posted by John Merchant on March 12, 2008 at 09:08:40:
Since WA is a community prooperty state, any written and signed agreement from either spouse does (contractually) bind the other spouse.
So I’d wait until your Divorce is final, and if I were the Seller I probably wouldn’t deal with you at all without having both of you sign, plus taking a nice earnest money deposit to keep you interested and committed.
However it’s well known that a P is rarely sued for default on a P&S Agreement as it’s just not worth the S’s paying atty fees for same, so you and your H would not be likely be sued for walking out after you did sign.
But if you did buy, then try to sell, the title co. might throw a monkey-wrench into the gears and demand your H also sign…so I’d check this with a title co. before you spend any $$$ on this property.