how can someone sell a home they own jointly with someone without the other persons permission?
i own a house 50/50 with someone they are trying to sell it without my permission.
how can they hope to do this without my permission?
- Glenn SLv 71 decade agoBest Answer
There would first have to be a "partition" action in court to force you to sell your interest in the property. If you and the other party hold the title as "tenants in common" the other party could sell his portion to a third party without your permission.
I have seen a few cases where a husband sells a property or take out a 2nd trust deed without the permission and knowledge of the wife, but that involved forgery and fraud. In one case the husband was a mortgage broker which made it easier because he did all the paperwork on the 2nd TD. That is why whenever someone buys a property always get title insurance. TI coverage includes forgery and fraud protection.
If the property is listed I would contact the listing company broker and tell them that you are a half owner and it is not your intention to sell the property.
- 1 decade ago
You may be able to sell your 50% share of the home, depends on your state's laws. You will not be able to sell the whole thing without the other party's consent, unless you can prove that they are mentally incapable of make a rational decision regarding the sale of the home.
- JenniferLv 61 decade ago
Unless they have a special power of attorney specifically authorizing them to sell the house and sign for you then they can't. They can lie to a real estate agent, get it listed on the MLS, and even accept an offer. As soon as a title company gets involved they are going to need your signature to sell the house and if you don't provide it then the sale will fall through.
- locklinLv 43 years ago
one in all those a disagreement may well be resolved in basic terms via courts. because of the fact the homestead hasn't yet been divided and you and your husband have not yet divorced. Technically, your husband is in an adulterous dating. yet in spite of if there are any regulations in comparison in basic terms a lawyer could comprehend. the concern approximately resolving this way of dispute in courts is that it will value an remarkable form of money for attorneys. and there is not any accessible financial benefit in it the two for you or your husband. this could be a large waste of money, in spite of how the courts settle on.