How can I sell my home if I have joint tenants on my title?
I bought a home, for family, and unwhittingly put their name on title as joint tenants. However, according to title searches, and the county assesors office, only my name is on title. Can I sell my home without their signatures?
The mortgage is in my name solely. I guess doing the closing paperwork, the family member put herself and husband as jont tenants (I think). When I do title searches, only my name appears. Same thing with the county tax collector. I live in California, by the way.
- 1 decade agoFavorite Answer
No, if they are on as joint tenants, they must sign to transfer the property. The only way around this is when all the other people on the deed die, you will be left as the sole owner, if it is in fact a joint tenancy and not a tenancy in common, if it is a joint tenancy your deed will say so or will say the words with the right of survivorship after listing the names. A joint tenancy means that each owner acquired an equal portion of the property at the same time and through the same instrument or deed. The right of survivorship provides that say you have 3 owners and one dies, now the remaining two are 50/50 owners and so forth until only 1 fee simple owner is left. If it is not a joint tenancy, each owner can sell, transfer, will, give, etc. their share at any time, and the owners do not need to own each an eqaul portion nor have to had acquired it at the same time or through the same instrument. If your family is cooperative I would have each owner quit-claim deed to you removing themseleves from the title. This can usually be done rather cheap through a title company. That way you know you have all the control when you go to sell your home and will not have to deal with issues come closing time and end up possibly losing a contract or buyer that was good. If you have any other questions or would like a great referral to a REALTOR in your area please e-mail me at firstname.lastname@example.org I am a REALTOR and law student who may really be able to help you in your situation.
- 1 decade ago
Make it easy on yourself and make your decisions on the facts. What you need to do is order a title search from your title company showing how you got your title with a copy of the deed that is recorded as an attachment to the title report and a statement from them saying what title if any they found after you acquired title to the date of finishing the report. Once you have the information they will also be able to tell you what you can and can not doSource(s): http://www.realestateformnm.com/
- DelKLv 71 decade ago
Your information is contradictory. If, in fact, you listed family members as joint tenants anywhere on anything, you'll need to get quit claim deeds from them or otherwise settle things with them because they are going to have to give their permission for the sale.