In what scenario must a real estate auction listing contract be signed by the seller's spouse?

A real estate auction listing contract must be signed by the seller's spouse when the seller is married to ensure that both parties are legally acknowledged in the transaction. In many jurisdictions, including Kentucky, property acquired during marriage is considered marital property. This means that both spouses usually have rights and interests in the property, regardless of who is listed as the owner.

If the seller is married, and only one spouse signs the contract, the transaction could be challenged later on the basis that the property rights of the non-signing spouse were not addressed. This is why obtaining the signature of the seller's spouse helps to protect both the seller and the auctioneer from potential disputes.

In contrast, the other scenarios such as when the seller is a company, when the property is under a trust, or when there are existing liens do not inherently necessitate the spouse’s signature. Each of those situations has different legal considerations and requirements related to property ownership and authority, which do not mandate a spousal signature in the same way that a marriage does.